PRIVACY POLICY

Effective Date: January 1, 2020

1. OVERVIEW

This privacy policy ("Policy") applies to Liberated-Spyder LLC, and its subsidiary and affiliate companies (collectively, "Spyder," "we," "us," or "our"). We strive to deliver outstanding products and services and value our customers' business and loyalty. We recognize that privacy is an important issue. We developed this Policy to explain our practices regarding the personal information we collect from you or about you on this website or via apps, through written or verbal communications with us, when you purchase our products through partners, or from other sources. While this Policy broadly describes the practices we have adopted across the United States, local laws vary and some jurisdictions may place restrictions on our collection, use, or disclosure of personal information. Our actual practices in such jurisdictions may be more limited than those described in this Policy to comply with local requirements. If you are a resident of California, please see Appendix A for information regarding use of your personal information. If you are a current or former Spyder employee, officer, or contractor, please see Appendix B for information regarding the collection and use of your personal information.

By accessing or using our websites or mobile applications ("apps") or submitting information to us, or otherwise agreeing to this Policy, e.g. in the context of registering for any of our products or services, you understand and consent to our collection and use of your personal information as described herein.

Please note that this Policy does not apply to our processing of personal information on behalf of and subject to the instructions of third parties.

2. PERSONAL INFORMATION WE COLLECT

We collect personal information at every touch point or consumer interaction, and in conducting every aspect of our business, we may collect personal information. This personal information may include your first name; last name; account name; alias name; email address; postal address; phone number; birth month and day; age; gender; characteristics; preferences; credit and debit card numbers; purchase history; products considered; customer reviews; user generated photos; customer service chat content; customer service email content; customer service call content; email engagement activity; loyalty status; loyalty interactions; loyalty join date; tier name; spend to next tier; lifetime points; available points; points to next reward; last earned points; points expiration; available rewards; reward earned date; last activity date; referral interactions; IP address; cookie ID; user ID; authenticated user ID; browser user ID; shop subscriber ID; account utoken; domain; browser ID; browser GUID; browser information; device ID; other unique device identifiers; device type; device model; platform; operating system type; operating system configuration; other sysem information; advertisement interactions; website browsing history; website click tracking; website search history; website browsing behavior; website access date; website access time; web log data; referring websites; exiting websites; geolocation; time zone; country code; click tracking; audience segments; and other types of information that you choose to provide us or that we may obtain about you.

We may also collect information related to conversations, including records or copies of your correspondence with us or customer service calls for quality assurance and training purposes, and other communications such as website chat support, in-app messages, or SMS.

Some of the common ways in which we collect personal information include the following:

Online Shopping: We collect personal information from you when you shop for our products online. This information includes account name; account utoken; advertisement interactions; age; alias name; audience segments; authenticated user ID; available points; available rewards; behavior; birth month and day; browser GUID; browser ID; characteristics; cookie ID; country code; credit card number; customer reviews; debit card number; customer service chat content; device ID; device model; device type; email address; email engagement activity; exiting websites; first name; gender; geolocation; IP address; last activity date; last earned points; last name; lifetime points; loyalty interactions; loyalty join date; loyalty status; products considered; operating system configuration; operating system type; other unique device identifiers; points expiration; points to next reward; postal address; preferences; products purchased; purchase history; referral interactions; referring websites; remarketing segments; reward earned date; shop subscriber ID; social data; spend to next tier; telephone number; tier name; time zone; user submitted photos; user ID; web log data; website access date; website access time; website browsing behavior; website browsing history; website click tracking; and website search history

In-store Shopping: We collect personal information from you when you shop for our products in physical stores. This information includes age; credit card number; debit card number; email address; first name; gender; last name; postal address; products purchased; and telephone number.

Rewards Programs: We collect personal information as part of reward programs, including the Insyder Loyalty Program through our website www.spyder.com. This information includes first name, last name, email, date of birth, order history, wishlist items, rewards tracking, telephone number and email communication preferences.

Automatically Collected Personal Information: By their nature, our websites and apps also automatically collect some personal information about you. In order for you to view or interact with our website or apps, we receive individual identifiers like your IP address and some network information like date and time of pages visited. We may collect this personal information even if you are not logged in. We collect some personal information automatically using cookies or other tracking technologies as described below in Section 7. The personal information automatically collected may be collected by or on behalf of third parties who provide us inferences or aggregate reporting based on analysis of such personal information.

Employee Data: Please see Appendix B.

3. PERSONAL INFORMATION FROM OTHER SOURCES

We may collect personal information about you from a number of sources in addition to those means of collection indicated above including offline or through sources unrelated to your receipt of our websites or apps. For example, from publicly accessible sources (e.g., property records); directly from a third party (e.g., credit reporting agencies or customer due diligence providers); or from a third party with your consent (e.g., your bank). We may merge or co-mingle that personal information with the personal information we maintain about you and other data collected on or through our website.

4. PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION

We collect your personal information for the following reasons:

Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
Debugging to identify and repair errors that impair existing intended functionality;
Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on our behalf;
Undertaking internal research for technological development and demonstration; and
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

5. LIMITED USE

We will only use your personal information for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider de-identification, aggregation, and other forms of anonymization of personal information to be compatible with the purposes listed above and in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.

If you wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact us via the information specified in the Contact section below.

PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.

6. HOW WE SHARE PERSONAL INFORMATION

In order to provide you with the best products and services, we share your personal information among our affiliates, service providers, and other third parties as described in this section.

Related Organizations. We may share some or all of your personal information with parent and subsidiary companies and companies under shared corporate control for the purposes described in Section 4 above.

Service Providers. We may from time to time use business partners, suppliers, and sub-contractors ("Service Providers") to assist us with the provision of services to you (for example, without limitation, website hosting, app design, maintenance services, database management, web analytics, app analytics, billing, payment processing, fraud protection, credit risk reduction, marketing, or improvement of services). These Service Providers have access to your personal information only to perform the respective tasks assigned to them on our behalf, and are obligated not to disclose or use it for any other purpose.

Compliance with Laws. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose your personal information to government or law enforcement officials or private parties in response to lawful requests when we believe disclosure or sharing is necessary to comply with any legal obligation, enforce or apply our terms and conditions, respond to claims and legal process, protect our services, members, dealers, our rights and/or the safety of the public or any person, or prevent or stop any illegal, unethical or legally actionable activity (including for the purposes of fraud protection).

Sale or Transfer of Business or Assets. We may share or transfer some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction, or proceeding involving sale, transfer, divestiture, termination or transfer of all or part of one or more license or other agreement(s) regarding the Spyder brand, disclosure or another transaction under which a third party assumes control of all or a portion of our business or assets. In the event of any of the foregoing or in any insolvency, bankruptcy, or receivership, personal information may be transferred as a business asset. If another company or individual acquires our business, or assets, that company or individual will possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.

Other Legitimate Business Purposes. We may also disclose your personal information when it may be necessary for other legitimate purposes as reasonably determined by us, in which case we will notify you of such use via telephone, email, and/or a prominent notice on our website.

7. COOKIES AND OTHER TRACKING TECHNOLOGIES

The tracking technologies we utilize include the following:

Cookies. We may use different types of cookies when providing different types of web-related services. If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org for detailed guidance. Cookies allow us to identify and authenticate visitors, track aggregate behavior, and enable important service features. We use both session ID cookies and persistent cookies. Session ID cookies are used to maintain your browser state as you browse through services, and they expire when you close your browser. A persistent Cookie remains on your hard drive for an extended period, and we use that to identify you should you return to services and want to find information you had previously entered or accessed.

We also contract with analytics services, third-party affiliate services, and third-party advertising companies to collect similar information. These cookies allow the ad servers to recognize your computer each time they send you an online advertisement and compile information about you or others who use your computer. This information allows ad networks third-party vendors to work on our behalf to, among other things, deliver targeted advertisements or send direct mail or catalogs that they believe will be of most interest to you. Our vendors may then connect the information that they collect from our website using cookies to other sources of information, which may include your name and mailing address, for the purpose of sending you direct mail promotions.

You may disable cookies through your web browser. For information about opting out of these collection services, please see the section titled Your Choices below.

Web Beacons/Tags. We automatically collect aggregate anonymous information through files embedded in our services and emails known as "web beacons." We may deliver a web beacon to you through our services from an advertising network with which we have contracted. Web beacons allow third parties to provide anonymized and aggregated auditing, research, and reporting for us. Web beacons also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by web beacons to personal information.

Flash LSOs. When we post videos, third parties may use local shared objects, known as "Flash cookies," to store your preferences for volume control or to personalize certain video features. Flash cookies are different from browser cookies because of the amount and type of data and how the data is stored. The cookie management tools provided by many popular browsers will not remove Flash cookies. To learn how to manage Flash cookie privacy and storage settings, click here:
http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html

Analytics. We may use analytics tools or similar tools provided by third parties to help analyze how you and other users utilize our services. Analytics tools use cookies and other tracking technologies to collect information such as how often users visit services, what pages they visit, and what other websites they used prior to visiting our services. We use the information we get from analytics tools only to improve services. Analytics tools collect the IP address or other unique identifier assigned to you on the date you visited services. We do not combine the information generated through the use of analytics tools with your other personal information. Analytics tools provided by third parties plant a persistent cookie on your web browser to identify you as a unique user the next time you visit our website, and the treatment of that information is governed by the third party's terms of use and/or privacy policy. To learn about how Google use data related to website analytics when you use our site or apps, click here: https://policies.google.com/technologies/partner-sites.

YOU GIVE CONSENT FOR US TO SHARE YOUR DATA WITH THESE PROCESSORS, AND FOR THEM TO TRANSFER THIS INFORMATION ONWARD TO THEIR PARTNERS IN CONNECTION WITH PROVIDING YOU SERVICES.

8. YOUR CHOICES

You have the following choices with respect to the personal information we hold about you. To protect your privacy and security, we may take reasonable steps to verify your identity before granting requests to access, alter, or delete your personal information.

Access or correct your personal information. You can access a variety of your personal information that we collect by accessing your respective account, by phone, email, or in writing using the information provided in the Contact section below.

Deleting your personal information. You may ask us to delete your personal information at any time by phone, email, or in writing using the information provided in the Contact section below. Please note we may maintain some portions of your personal information as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements. We will delete or de-identify all your personal information as described in this subsection 10.2 within 30 days of your request for deletion.

9. OPTING OUT

You can make the following choices regarding your personal information:

Promotional and Other Emails. You may choose during the account registration processes on one of our websites, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our services. You can stop receiving these emails by sending a request to the email address in the Contacting Us section below. If you decide not to receive these emails, we may still send you communications related to your current or former membership.

Text Marketing and Notifications. By entering your phone number in the checkout & opting into receiving text message notification and initializing a purchase, subscribing via one of our text message subscription forms or via a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed five (5) a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

Direct Mail and Catalogs. To opt-out of receiving our direct mail or catalogs, you may send us an email at spyder-privacy@spyder.com or send a written request to Spyder, Attn: Privacy Officer, 1740 Monrovia Avenue, Costa Mesa, CA 92627. We will honor those requests, but please understand that it may take up to 30 days for such mailings to end.

Behavioral Advertising. Our services may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our websites so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our website, or on other websites not operated by us. If you do not want third parties who collect information about your use of our services, you can opt-out of such at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe. Additionally, you can opting out of cookie-based advertising via NetworkAdvertising.org and Neustar.

PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING SERVICES. IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.

Analytics. Many analytics providers allow end-users to opt out of the retention of their information, including our third-party analytics providers. Please note that typically, unless you create an account with the analytics provider, your choice to opt out applies only to the device from which you make the request, because the providers use cookies on that device to recognize your choice. If you get a new device, install a new web browser, update your browser, or otherwise erase/alter your browser cookie files you may clear the opt-out cookie.

You may learn more about the use of information by, and opting-out of analytics from, our third-party analytics providers by visiting its opt-out page at the following links: www.google.com/policies/privacy/partners/

Cookies. You may disable, or delete cookies in your Web browser, but doing so may impact the usability of the website. To block cookies, you can also browse our service using your browser's anonymous usage setting (called "Incognito" in Chrome, "In Private" for Internet Explorer, "Private Browsing" in Firefox and Safari, etc.).

10. INTERNATIONAL TRANSFERS OF INFORMATION

Your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding personal information may be less stringent than the laws in your country. Therefore, in some circumstances, you might be left without a legal remedy in the event of a privacy breach or other use that is prohibited in your country. By submitting your personal information, you agree to this transfer, storage and/or processing, including all associated risks.

11. EXERCISING YOUR PRIVACY RIGHTS

When exercising the rights or options described in this Policy, the following guidelines apply:

No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

What we may need from you. When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

12. INFORMATION SECURITY

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We make efforts to protect your personal information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If you have questions about the security of your personal information, contact us at the email or regular mail address specified in the Contact section below.

13. DATA RETENTION

We will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

14. THIRD-PARTY LINKS

Our websites or apps may contain links to other websites or apps. We are not responsible for the privacy practices or the content of these other websites or apps. You should read the policy statement of these others websites or apps to understand their policies. When you access a linked websites or apps, you may be disclosing private information. It is your responsibility to keep such information private and confidential.

15. CHANGES TO THIS PRIVACY POLICY

We may update this Policy from time to time, in our sole discretion. When we do so, we will post the new Policy on our website. You should consult this Policy regularly for any changes. Continued use of services following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of our website and services.

16. CONTACT US

If you have questions regarding this Policy, its appendices, or our treatment of your personal information, you may contact us at:

Spyder
Attn: Privacy Officer
1740 Monrovia Avenue
Costa Mesa, CA 92627

spyder-privacy@spyder.com

17. APPENDIX A: CALIFORNIA PRIVACY NOTICE

Date Last Updated: January 1, 2020

Your California Privacy Rights

Under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws, as applicable, you have the right to request that we disclose what personal information we collect, use, disclose, and sell. More specifically, you have rights to the following without charge:

Disclosure of Personal Information We Collect About You

You have the right to know the categories of personal information we have collected about you, the categories of sources from which we collect personal information, our business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information, if any, and the specific pieces of personal information we have collected about you.

We will not retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; not re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; and reserve our right not to provide personal information to you more than twice in a 12-month period.

Disclosure of Personal Information Sold or Used for a Business Purpose

You have the right to know if we sell or disclose your personal information to third parties for business purposes, along with the right to know the categories of personal information about you that we sold, the categories of third parties to whom we sold the personal information, the categories of personal information that we disclosed about you for a business purpose, and the categories of third parties to whom we disclosed personal information.

Under the definition of "sale" provided by California law, we sell personal information that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household to third parties. We do not sell your name or contact information to third parties for money. Rather, our use of industry standard analytics and advertising services constitutes "sale" under the CCPA. We have attempted to limit such transfers of personal information to the extent our analytics and advertising providers have made that option available.

Deletion of Personal Information

Subject to the exceptions set out below, and upon your submission of a verifiable request, you have the right to deletion of your personal information from our records, and to have us direct our service providers delete your personal information from their records.

We are not required to, and reserve our right not to, delete your personal information it if is necessary to complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; enable solely internal uses that are reasonably aligned with your expectations based on the your relationship with us; comply with an existing legal obligation; and otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Freedom from Discrimination

You have the right to not be discriminated against by us because you exercised any of your rights under the California Consumer Privacy Act. This means we cannot on the basis of the exercise of your rights thereunder, among other things, deny goods or services to you, charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to you; or suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

Your Right to Opt-Out of the Sale of Personal Information

As noted above, under the definition of "sale" provided by California law, we sell personal information through our use of industry standard analytics and advertising services. We do not sell your name or contact information to third parties for money. We have attempted to limit such transfers of personal information to the extent our analytics and advertising providers have made that option available.

You have the right to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information.

How to Exercise Your Rights

Unless otherwise specified, to exercise any of your rights described in this Appendix A, please complete a data subject request form available here; call us toll-free at +1 (855) 330-0188 or submit your request to us at one of the following addresses: spyder-privacy@spyder.com or Spyder, Attn: Privacy Officer, 1740 Monrovia Avenue, Costa Mesa, CA 92627.

In order to verify your request, you will need to provide us with enough information to identify you (e.g., your full name, address, and customer or matter reference number), proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill), and a description of what right you wish to exercise along with any information to which your requests relates.

You may also designate an authorized agent to make a request under the California Consumer Privacy Act on your behalf. In order to fulfill your request to know or delete submitted by an authorized agent, you must provide the authorized agent written permission to do so, and we may require you verify your own identity with us directly.

User-enabled privacy controls, such as a browser plugin or privacy setting or other mechanism, that communicate or signal your choice to opt-out of the sale of personal information are considered a request directly from you, not through an authorized agent.

We reserve our right not to make a data access or portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or someone authorized to act on such person's behalf. You may only make a data access or data portability request twice within a 12-month period. Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.

Children's Personal Information

Under the definition of "sale" provided by California law, we do not sell the personal information of minors under 16 years of age without affirmative authorization. For minors who wish to opt-in to the “sale” of their personal information as described above, we have established the following processes:

Minors between 13 and 16 years of age:

In the case of consumers between 13 and 16 years of age, we require the consumer to affirmatively authorize the sale of the consumer’s personal information. In order to opt-in minors in this age range, we require the minor consumer indicate their intent to opt-in by affirming they are over 13 years old, and confirm their intent to opt-in by accepting tracking cookies. If the consumer does not accept, no third party tracking cookies or pixels will load.

Minors under 13 years of age:

In the case of consumers who are less than 13 years of age, we will not knowingly "sell" the consumer’s personal information. In order to to prevent this, we ask for the age of visitors to our website and will not load third party tracking cookies or pixels for consumers in this age range.

If you are a parent or guardian seeking to opt-out on behalf of their child who has made an account with us, provide us the information associated with the minor child’s account. We will prevent the sale of this data by deleting the account. In order to prevent the future collection of information from your child, please opt-out from each of your child’s devices. You may submit data subject request to delete the account here and opt-out the child’s devices by clicking here.

Our Collection and Disclosure of Personal Information

Sources from Which We Receive Personal Information

We receive personal information from the following categories of sources:

You, the consumer.
Advertisers
Consumer Data Resellers
Consumer Research & Feedback
Data Analytics Providers
Email Marketing Providers
Operating Systems & Platforms
Retailers
Social Networks
Transaction Support / Processing
Government entities

Third Parties with Whom We Share Personal Information

We routinely share personal information with the following categories of third parties:

Consumer Feedback & Research
Customer Service
Data Analytics Providers
Data Back-up Providers
Email Marketing Providers
Operating Systems and Platforms
Retailers
Social Networks
Transaction Support / Processing

Categories of Personal Information Sold and Disclosed

Category of Personal Information	Sold in the Past 12 Months	Categories of Third Parties to Whom Sold	Disclosed for a Business Purpose in Past 12 Months	Categories of Third Parties to Whom Disclosed
Individual Identifiers.	Yes*	Social Networks	Yes	Consumer Feedback & Research Customer Service Data Analytics Providers Data Back-up Providers Email Marketing Providers Operating Systems and Platforms Retailers Social Networks Transaction Support / Processing
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual.	Yes*	Social Networks	Yes	Consumer Feedback & Research Customer Service Data Analytics Providers Data Back-up Providers Email Marketing Providers Operating Systems and Platforms Retailers Social Networks Transaction Support / Processing
Characteristics of protected classifications under California or federal law.	No	None	Yes	Consumer Feedback & Research Data Back-up Providers Email Marketing Providers Transaction Support / Processing
Commercial information.	No	None	Yes	Consumer Feedback & Research Customer Service Data Analytics Providers Data Back-up Providers Email Marketing Providers Operating Systems and Platforms Retailers Social Networks Transaction Support / Processing
Biometric information.	No	None	No	None
Internet or other electronic network activity information.	No	None	Yes	Consumer Feedback & Research Data Analytics Providers Email Marketing Providers Operating Systems and Platforms Social Networks Transaction Support / Processing
Geolocation data.	No	None	Yes	Consumer Feedback & Research Customer Service Data Analytics Providers Data Back-up Providers Operating Systems and Platforms Retailers Social Networks Transaction Support / Processing
Audio, electronic, visual, thermal, olfactory, or similar information.	No	None	No	None
Professional or employment-related information.	No	None	No	None
Education information.	No	None	No	None
Inferences drawn from any of the information identified above.	No	None	No	None

*We are required by California law to disclose which categories of personal information we have "sold" in the past 12 months. Under the definition of "sale" provided by California law, we sell personal information through our use of industry standard analytics and advertising services. We have attempted to limit such transfers of personal information to the extent our analytics, advertising, and other providers have made that option available.

The above chart does not include information collected for employment related purposes. The categories of information we collect for employment related purposes are: identifiers; information that identifies, relates to, describes, or is capable of being associated with, a particular individual; characteristics of protected classifications under California or federal law; internet or other electronic network activity; professional or employment-related information; and education information.

Individual customers who reside in California and have provided us their personal information may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must include your name, street address, city, state, and zip code, and be submitted to us at one of the following addresses: spyder-privacy@spyder.com or Spyder, Attn: Privacy Officer, 1740 Monrovia Avenue, Costa Mesa, CA 92627. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

If you are a California resident under the age of 18, and a registered user of any website where this Policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to spyder-privacy@spyder.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

18. APPENDIX B: Spyder EMPLOYEE PRIVACY NOTICE

Spyder Privacy Notice – Employees/ Contractors

Last Updated: February 10, 2023

Spyder ("Company," "We," "Our," "Us") collects personal information from employees, officers, contractors, and former employees, officers, and contractors (collectively, "members") during our hiring, employment, and termination process, and in accordance with federal and state laws.

In this notice, "Spyder" refers to Spyder, LLC and any affiliate entities.

What Information Do We Collect?

We collect the following categories of personal information:

Identifiers, such as name, alias, telephone number, personal and work email address, postal address, screennames, usernames, date of birth, signature, social security number, driver’s license or state identification card number.
Personal information under California Civil Code section 1798.80, such as bank account number, routing number, tax information, or other payroll information.
Professional or employment related information, such as Curriculum Vitae/resumé, current and previous employment details, immigration status, or work authorizations.
Education information, such as education background, university or school diplomas/certificates, and other educational achievements.
Health information such as proof of relevant vaccinations.
Inferences such as job preferences or willingness to travel and/or relocate.
Internet or other electronic network activity information, such as all documents, files, and information you create, store, send, or receive on Company computers and network systems. This also includes internet and electronic network activity and settings on your portable electronic devices used for conducting company business, in accordance with Employee Handbook Section 7.10 Use of Company Equipment and Personal Use of Company Property.

We also collect the following categories of sensitive personal information:

National identification numbers, such as social security number, driver’s license or state identification card number.
Account log-in data, such as usernames and passwords for Company systems.
Health information such as proof of relevant vaccinations.

We may also collect additional information that you choose to provide to us during the interview process or while you work for us.

Data will be stored in a range of different places, including your application record, HR management systems, and other IT systems (including email).

In addition, where relevant to the recruitment process, including where necessary to accommodate any disability needs or to comply with some regulatory requirements, we may also have the need to process sensitive information such as characteristics of protected classifications. This may include:

Race, color
Ancestry, citizenship status, national origin (including languages used and proficiency)
Religion, creed, political affiliations or activities
Age (40 and above)
Disability, mental and physical
Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
Sexual orientation, gender identity, gender expression
Medical condition, AIDS/HIV status
Genetic information
Marital status
Military and veteran status
Criminal records, in certain circumstances
Victims of domestic abuse and/or assault/stalking

How Do We Use Your Personal Information?

We will use your personal information for the following purposes:

1To process your application, including to identify and contact you.
To determine whether you have the professional skills, expertise, and experience for the position applied for.
To verify employment with an outside entity.
If you are offered a position with us, to verify the Personal Information provided including your identity, address, right to work, employment history and academic background and other background screening purposes including, where allowed by law, criminal record checks, searches with a credit reference agency and sanctions screening checks.
To provide you with information about future job vacancies, if you would like us to send you such notifications, which may include using data analytics to match your profile against vacant positions.
To accommodate your disability needs.
To process payroll and administer employee benefits.
To withhold taxes and maintain records for accounting and audit purposes.
To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
To monitor employee productivity and use of company network resources.
To provide internal career development and training programs and tuition reimbursement for job-related courses.
For evaluation, assessment, training, and planning purposes.
To maintain and foster a work environment.
For compliance, disciplinary, legal, and regulatory purposes.
For business reasons that facilitate the operation of our business.

We may collect additional categories of personal information for other business-related purposes and/or use personal information collected for additional purposes, upon prior written notice to you.

Who Has Access to Your Personal Information?

Your information may be shared internally for the purposes of the recruitment process and for the other purposes described in this privacy notice. This includes members of Spyder Human Resources and Talent Acquisition, interviewers involved in the recruitment process, managers in the business area with a vacancy, and IT staff if access to the data is necessary for the performance of their roles.

We will not share your data with third parties unless your application for employment is successful and we make you an offer of employment. We will then share your data with former employers to obtain references for you, and employment background check providers to obtain necessary background checks.

During and after your term of employment, Spyder shares your data with the following categories of parties, as necessary for the purposes described in this privacy notice:

Spyder parent and affiliate companies for reporting (to the HR and Finance departments) and hosting purposes;
Persons in charge of employee management and authorized personnel of Spyder with a business need (e.g., HR department, Finance department, Operations);
Hierarchical supervisors of the concerned employees, but excluding data related to social action directly implemented by the employer;
Other personnel of Spyder, but only limited to basic professional information to allow the day-to-day business and which is usually available in Spyder and/or Company corporate directory;
Third party service providers and vendors for the abovementioned purposes (e.g., payroll, benefits, travel agencies, conference vendors, internet service provider, IT maintenance, service providers used for the implementation of Spyder Apps, IT solutions and tools, hosting service providers);
Professional advisers such as lawyers, accountants and auditors;
Government or regulatory authorities; and,
Banks and insurers.

In the event of a change of control or ownership of the Company or in the event all or part of the Company's business is otherwise transferred to a third party, you are informed that your personal information as collected and maintained by the Company may be transferred to that third party, subject to applicable law.

Security of Your Personal Data

We employ security measures and technologies, such as password protection, encryption, and physical locks, etc., to prevent the unauthorized access and disclosure of your personal information. If you are authorized to have access to the personal data of others, it is important that you take appropriate safeguards to protect this personal data, in accordance with our written security policies and procedures.

Paper and other hard copies containing personal data should be secured in a locked location when not in use.
Computers and other access points should be secured when not in use by logging out or locking.
Passwords and user IDs should be guarded and NOT shared.
Employee personal information will be protected and used in accordance with the applicable federal, state and local laws.

Retention of Your Personal Data

Upon your separation of employment with the organization, your personal information shall be retained and destroyed according to our document retention policy and in compliance with applicable laws and regulations.

Privacy Rights & Additional Disclosures for Californians

Californians have privacy rights for their personal information. As we have provided above, businesses are required to inform members of the categories of personal information they collect and the purposes for which the categories will be used, at or before the point of collection.

As of January 1, 2023, Californians also have the following rights:

Request for Information or Deletion. Californians have the right to know whether we are processing your personal information, and in some instances, you have the right to request that we disclose to you the categories listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information. In responding to this right, we shall provide to you:

The categories of personal information we collect about you.
The categories of sources from which your personal information is collected.
The business or commercial purpose(s) for collecting, selling, sharing, or disclosing your personal information, and the categories of personal information disclosed for such purpose(s).
The categories of third parties with whom we share your personal information.
The categories of personal information we have sold, if any, about you and the categories of third parties to whom your personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.
The specific pieces of personal information we have collected about you.

In addition, you may have the right, in certain circumstances, to request we delete your personal information.

Request for Correction. Californians have the right to request the correction or rectification of inaccurate information in their personal information.

Do Not Sell or Share My Personal Information. Californians have the right to opt out of the sale or sharing of their personal information. However, we do not sell your personal information, nor do we share your personal information to provide personalized or targeted advertising. If you have any questions or further comments on the matter, please reach out to us via the contact information at the bottom of this document.

Limiting the Use of Sensitive Personal Information. Californians have the right to direct us to use or disclose sensitive personal information only for providing goods or services, or as otherwise minimally permitted under applicable law. However, we do not use or disclose sensitive personal information for any purpose other than fulfilling your employment expectations, or as otherwise minimally permitted under applicable law.

Right of Non-Retaliation. Employees and independent contractors who are residents of California have the right not to be retaliated against by an employer for actualizing any of these rights.

Verification Process for Exercising Rights. To protect your privacy, we verify privacy rights requests to ensure that only you (or your authorized agent) can exercise rights pertaining to your personal information. As part of our verification process, we may request you to submit additional information.

If you are an authorized agent wishing to exercise rights on behalf of a state resident, please contact us using the information at the bottom of this Notice and provide us with a copy of the resident’s written authorization designating you as their agent. We may need to verify your identity and place of residence before completing your rights request.

Changes to the Privacy Notice

This Privacy Notice is effective as of the date noted above. We may update this Privacy Notice from time to time. If we make material changes, we will post the updated Notice on this page and change the date at the top. The Privacy Notice is also contained in our Employee Handbook. We encourage you to review updates by checking the date referenced above.

Contact Information

We welcome your questions, comments, and concerns about privacy. You may contact Human Resources at hr@spyder.com for any additional questions.