PRIVACY POLICY

www.challengebuilder.com

THE FOLLOWING PRIVACY POLICY (THE OR THIS “PRIVACY POLICY”) DISCLOSES THE PRIVACY PRACTICES OF CHALLENGE BUILDER, LLC, A MISSOURI LIMITED LIABILITY COMPANY (“CHALLENGE BUILDER,” “US,” “WE,” OR “OUR”) FOR THE CHALLENGE BUILDER WEBSITE LOCATED AT WWW.CHALLENGEBUILDER.COM (THE OR THIS “WEBSITE”) AND ALL OF THE CONTENT, APPLICATIONS, PRODUCTS, AND SERVICES OFFERED FROM TIME TO TIME BY, ON, OR THROUGH THE WEBSITE (COLLECTIVELY THE WEBSITE AND ALL OF ITS CONTENT, APPLICATIONS, PRODUCTS, AND SERVICES OFFERED FROM TIME TO TIME ARE REFERRED TO HEREIN AS THE “SERVICES”). CHALLENGE BUILDER CREATED THIS PRIVACY POLICY IN ORDER TO COMMUNICATE ITS PRIVACY POLICIES TO EACH USER OF THE WEBSITE AND SERVICES (“USER,” “YOU,” “YOUR”). IN ADDITION TO COMPLYING WITH THIS PRIVACY POLICY AND THE TERMS OF USE, YOU AGREE TO COMPLY WITH ANY AND ALL APPLICABLE LAWS WITH RESPECT TO YOUR USE OF THE SERVICES.

By using the Services, each User is deemed to consent to our privacy practices set forth in the Privacy Policy as amended from time to time. If you do not consent to these privacy practices, do not use the Services or upload, access, or download any content from the Website. Challenge Builder may amend this Privacy Policy from time to time and will inform you and other Users by posting the changed Privacy Policy to the Website. The amendments will be effective immediately upon posting the changes to this Website. By using any of the Services after any amendment is posted to the Website, you agree to be bound by the amendments. You should review the Privacy Policy from time to time to ensure that your use is in compliance with, and that you agree to the terms of, this Privacy Policy. IF YOU DO NOT AGREE TO ANY AMENDMENT TO THIS PRIVACY POLICY, YOU SHOULD IMMEDIATELY CEASE USE OF THE SERVICES AND TERMINATE YOUR ACCOUNT WITH CHALLENGE BUILDER.

  1. Types of Information Collected
    1. Traffic Data. We may track and collect the following general and non-personal information when you visit our Website including: (i) IP address; (ii) origin of the search that led you to the Website (i.e. how you got to the Website – was it by a Google® search, by direct navigation, etc.); (iii) connection speed; and (iv) type of web browser (collectively, “Traffic Data”).

      Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website. We use Traffic Data to collect information at an aggregate level about the visiting and use of the Website and to make the use of the Services more enjoyable to our users.

    2. Information Collected from Users. In order for each User to access, download, use and/ or purchase any of the interactive Services offered by the Website, including the ability to create, manage or participate in an online challenge (a “Challenge”), such User is required to create a User account and provide various information, which includes personal identifying information (collectively, “User Information”). If a User communicates with Challenge Builder by e-mail, posts or uploads content or information to the Website, or otherwise completes online forms, any information provided in such communication will also be collected by Challenge Builder as User Information.

      User Information may consist of the following types of information:

      • Contact Data. Contact Data includes your name, e-mail address and profile picture. We use Contact Data to send Users e-mail communications from Challenge Builder (a) with respect to the Services requested or purchased by Users, (b) with promotional or informational materials about our company and its Services, (c) to communicate Challenge-specific information to participating Users (E.g., deadlines, results, etc.) and (d) to communicate updates and announcements relating to the Website or Services. By establishing a User account with Challenge Builder, you consent to receive communications from Challenge Builder electronically, but have the ability to opt-out of receiving future e-mails of the type described in (b)-(d) above at the time of account set-up or at any time by changing your account preferences. Additionally, you may opt-in to receive e-mail updates from another User that has created a Challenge (the “Challenge Organizer”) in which you are participating. In such case, your e-mail address will not be shared with such Challenge Organizer and any such e-mail updates will be sent by Challenge Builder on behalf of the Challenge Organizer. You may also opt-in, which election to opt-in constitutes express authorization to Challenge Builder, to disclose your e-mail address to a Challenge Organizer. In such case, Challenge Builder will make your e-mail address available to the Challenge Organizer and disclaims all liability with respect to a Challenge Organizer’s use of your e-mail address. Notwithstanding anything to the contrary in this Privacy Policy, Challenge Builder may communicate with each User by e-mail if such e-mail communication is sent for the purpose of protecting the interests of User, including any User Information, property or data, or to provide User with any notification or disclosure that may be required under applicable law or Challenge Builder policy. Accordingly, as a User, you agree that all communications, disclosures, and notices sent to you by e-mail shall satisfy any requirement that notice be provided in writing.
      • Demographic Data. Demographic Data includes basic demographic information (e.g., age range, gender, zip code, and challenge interests by category) that may be provided by a User to Challenge Builder. Challenge Builder agrees to use individualized Demographic Data only for internal purposes; however, Challenge Builder may provide to other Users or to third parties an individual User’s Demographic Data in an aggregate form with the information of other Users, but only in such a way that an individual User’s privacy is protected.
      • Challenge Data. Challenge Data consists of all User input data provided by a User in creating or participating in a Challenge, including but not limited to responses to questions and information submitted on Challenge entry forms. Challenge Data, together with the name and profile picture associated with your User account, will be (a) publicly available/disclosed if you are participating in a public Challenge or (b) available/disclosed to all other private-Challenge participants (anyone possessing the unique URL associated with the private Challenge) if you are participating in a private Challenge.
      • User Account Data. Each User will be required to have a User account in order to access and use any interactive Services made available by Challenge Builder.
      • Financial Information for Payment. All payment transactions will be processed through PayPal. Each User will be required to provide PayPal information for processing payments for the Services purchased or any other fees, as applicable. Any disputes related to or in any way connected with a payment transaction associated with use of the Website or Services will be resolved between User and PayPal and without involvement of Challenge Builder.

      YOUR NAME AND PROFILE PICTURE WILL BE AVAILABLE TO OTHER USERS PARTICIPATING IN A PRIVATE CHALLENGE IN WHICH YOU ARE PARTICIPATING OR TO THE GENERAL PUBLIC IF YOU ARE PARTICIPATING IN A PUBLIC CHALLENGE. ADDITIONALLY, ANY CONTENT UPLOADED OR POSTED BY YOU ON THE WEBSITE AS PART OF A CHALLENGE OR TO THE WEBSITE MESSAGE BOARD BECOMES PUBLIC INFORMATION THAT IS SHARED WITH OTHER USERS AND IS NOT CONSIDERED TO BE PERSONAL OR PRIVATE INFORMATION SUBJECT TO THIS PRIVACY POLICY. YOU SHOULD EXERCISE CAUTION WHEN DECIDING TO DISCLOSE YOUR PERSONAL INFORMATION TO ANYONE.

    3. Use of Cookies and Web Beacons. Challenge Builder requires the use of cookies. Cookies are small text files a website can use to recognize a repeat visitor to the website. We use cookies for various reasons. Cookies enable us to provide you with a better experience by allowing us to understand what areas of this Website are of interest to our Users. These cookies do not track personal information. Cookies from Challenge Builder can only be read by Challenge Builder and the Website. If you do not want Challenge Builder to deploy cookies in your browser, you can set your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still access most of this Website; however, your ability to use some of this Website may be affected. In addition to cookies, Challenge Builder may use web beacons on this Website from time to time to monitor the number of Users who visit the Website, to deliver a cookie to the web browser of a visitor or User, and for other purposes. “Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors and users viewing a website. For information regarding how our third-party advertisers may use cookies and other similar technologies please see Section 5 below.
  2. Accounts and Passwords

    You will log in to your Challenge Builder User account using a user name and password associated with an existing account that you maintain with one of our OAuth service providers as designated from time to time on our Website (E.g., Users may access their Challenge Builder account using their Facebook user name and password.). Challenge Builder will not directly store any user name (but we do maintain an account identifier that is associated with the user name that you provide) or password information on its servers. You are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your account and password. You agree to immediately notify us of any unauthorized use of your account. You may access or correct your account information and preferences that we maintain (as described above, this does not include your user name or password as those items are not maintained by Challenge Builder) by logging into your User account.

  3. Confidentiality and Security of User Information

    Except as otherwise provided in this Privacy Policy (including Section 5 below related to use by third parties to provide you the Services), we will keep all of your information that personally identifies you (E.g., your name and address) as private and will not share it with third parties, unless such disclosure is necessary to: (a) comply with a law (or based upon the good-faith belief that disclosure is necessary to comply with a law); (b) protect our rights or property; (c) enforce our Terms of Use, this Privacy Policy, our Copyright Policy, or any of our policies and guidelines; or (d) when specifically authorized by you. Challenge Builder will use a variety of commercially reasonable security technologies to help protect your personally identifying information from unauthorized access, use, or disclosure. However, the use of such security technologies by Challenge Builder is not, and shall not be considered to be, any type of guarantee or warranty by Challenge Builder that the personally identifying information of users of this Website will not be accessed by third parties, or that Challenge Builder will use all available security technologies to prevent unauthorized access to, use, or disclosure of your personally identifying information.

  4. Limited Sharing of Information

    We share your User Information with our affiliates, suppliers, vendors, and/or their agents and employees as necessary or convenient for the provision of the Services to you on our Website. Specifically, we share your User Information: (i) with third parties assisting Challenge Builder in the provision, administration, and management of the Services; (ii) with third parties that assist Challenge Builder in providing the Services that you have requested; (iii) with third parties that provide support, marketing, or advertising services to or on behalf of Challenge Builder; and (iv) as otherwise permitted by law from time to time. While Challenge Builder uses commercially reasonable efforts to safeguard your User Information transmitted to third parties, Challenge Builder does not warrant that your User Information will be transported without unauthorized interception or modification or that your User Information will not be accessed or compromised by unauthorized third parties.

  5. Collection of Your Information by Third-Party Websites or Advertisers

    The Website contains links to other websites. We are not responsible for the privacy practices or the content of such websites. We use third-party advertisers, including Google, to serve ads on our Website. These third- party advertisers may use cookies or similar technologies to help present the advertisements to you or to help measure the effectiveness of their advertisements. Google uses the DoubleClick cookie, which enables it to serve adds to our Users based on their visits to our Website and other websites on the Internet. The use of such technologies is subject to the privacy policies of the third-party advertisers and is not covered by this Privacy Policy. As a result, if you respond to any such third-party advertisers by clicking on the advertisements and/or visiting their websites or the websites of any other third party, be sure you evaluate their privacy policies before providing them any of your information. To opt-out of a third party’s use of cookies, you will need to visit such third party’s website and follow its specified opt-out procedures. Users may opt-out of Google’s use of the DoubleClick cookie by visiting the Google Advertising Policies and Principles page at http://www.google.com/policies/privacy/ads/. Users can opt out of some, but not all, of third-party advertiser cookies in one location at the Network Advertising Initiative opt-out website, located at www.networkadvertising.org/managing/opt_out.asp.

  6. Updates and Changes to Privacy Policy

    We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Website. Any such change, update, or modification will be effective immediately upon posting on the Website.

  7. Eligibility; Compliance with Children Privacy Issues

    Challenge Builder takes compliance with children online privacy laws seriously. By using and/or visiting the Website, you are representing and warranting to Challenge Builder that you are: (a) 18 years of age or older or an emancipated minor; and (b) fully able and competent to enter into and abide by this Privacy Policy.

    Notwithstanding the previous paragraph, you affirm that you are over the age of 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT USE CHALLENGE BUILDER’S SERVICES AND/OR VISIT THE WEBSITE. Challenge Builder does not knowingly collect or maintain personally identifiable information from children under the age of 13. If you know of someone using this Website who is under the age of 13, please notify us immediately. If Challenge Builder is informed that anyone under the age of 13 is using the Website, his or her account will be cancelled and all of his or her information will be deleted from the Website as soon as practical.

  8. How to Contact Us

    Should you have any other questions or concerns about this Privacy Policy, please send us an e-mail to contact@challengebuilder.com.