TSX Challenge LLC (“TSX Challenge”, “us”, “we”, “our”) is strongly committed to protecting the privacy of your personal information. The policies below are applicable to TSX Challenge LLC’s website, tsxchallenge.com (the “Website”), regarding its collection of your personal information.

Please read the following privacy policy carefully before using the Website. Your use of the Website indicates your acceptance of this privacy policy.

This privacy policy (the “Privacy Policy”) is intended to let you know (1) the kinds of personal information we may gather during your visit to the Website, (2) why we gather your information, (3) how we might use your personal information, (4) when we might disclose your personal information, and (5) how you can manage your personal information. The terms of this Privacy Policy are subject to the Website’s Terms of Use, located at tsxchallenge.com/terms-of-use. In the event that there are any terms contained in this Privacy Policy that conflict with the terms of this Website’s Terms of Use, the relevant terms of this Website’s Terms of Use shall apply.

Please be advised that the practices described in this Privacy Policy apply only to information we gather on our Website. Our Website may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, products, services, policies, or practices of any third-party website(s). By visiting those sites, you may be subject to the privacy policies and/or terms and conditions of use that may apply to such third party website(s).

By visiting our Website, you are accepting and agreeing that you understand and will abide by our Privacy Policy. If you do not agree to the terms of our Privacy Policy, please do not use the Website. We may change this Privacy Policy from time to time. We will provide notice by, at a minimum, updating this posting. You should periodically review this privacy policy carefully. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.

If you have any questions about this Privacy Policy, and do not see your concerns addressed here, or wish to make changes to any Personal Information you have submitted to us, please contact us by email at [email protected].

Except as disclosed below, we do not sell, barter, give away, or rent your Personal Information (defined in Section 4(a) below).

(a) Personal Information. Use of certain features of the Website may require that you provide to us certain personally identifiable information (i.e., information that identifies or describes you), such as your name, email address, telephone numbers, address, zip code, age, and gender (collectively, the “Personal Information”). Such features of the Website may include the facilitation of certain products and/or services to you, when you participate in a contest or sweepstakes, when you sign up to receive our newsletter, or respond to our survey(s). While you are not required to provide any such personally identifiable information, certain services may not be accessible or available, absent account registration and/or your provision of the requested information. Winners of contests, drawings, sweepstakes and/or promotions will be required to provide additional personally identifiable information such as a shipping address. If the Privacy Policy varies for a particular sweepstakes or promotion, that information will be disclosed in the sweepstakes or promotion rules.

An online credit card transaction may be required in order to complete certain purchases of products and/or services on the Website. During this process, we generate and collect certain personally identifiable information, which includes, but may not be limited to: first and last name, first and last name of the credit card owner, credit card billing address, credit card number, credit card security code, credit card expiration date, shipping address, telephone number and email address. You also may have the opportunity to permit us to maintain this information in a personal profile for you so you do not have to re-enter the information each time you make a purchase.

We also may collect and store Personal Information about you that we receive from other sources, (e.g. information you email to us; or the information we receive when you register for a TSX Challenge event as a participant. If you send us personal correspondence, such as emails or letters, we may collect such information into a file specific to you.

(b) Aggregated Information. When you interact with our Website, we may collect certain non-personal information. For example, our servers keep an activity log that tracks all visitors to the Website. The information in the activity log does not identify you individually, but may include (among other data): your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address(es).

(c) Cookies, Spyware, Click Stream Data, and Other Third Party Tracking. We do not install spyware on your computer, nor do we use spyware to retrieve information from your computer. Like many other websites, we may use “cookies”, which are small text files that are stored on your computer or internet enabled equipment when you visit certain online pages that record your preferences. We may use cookies to track your use of our Website and its features. We may also use cookies to monitor traffic, improve the Website and make it easier and/or more relevant for your use. You may occasionally get cookies from companies with links on our Website. We do not control these cookies, and these cookies are not subject to our Privacy Policy. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. By not accepting cookies you may not be able to access certain information and certain features on the site may not function as intended. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

Click-stream data is information collected by our computers when you request web pages from the Website. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. This data helps us analyze how visitors arrive at the Website, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising and the like.

Third parties may use tracking technologies in connection with our sites and applications, which may include the collection of information about your online activities over time and across third-party websites. This Privacy Policy does not apply to these third-party technologies because we may not control them and we are not responsible for them. Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit. Currently, we do not monitor or take any action with respect to Do Not Track technology.

(d) No Information Collected From Children. We are committed to adherence to state and federal laws regarding the privacy of children, including the Federal Children’s Online Privacy Protection Act (COPPA), and as such we maintain the following principles and practices regarding personally identifiable information pertaining to children under 13 years of age: Except as expressly noted below, the Website is not directed to nor intended for children under the age of 13, and we do not knowingly collect Personal Information from children under 13 years of age nor do we knowingly correspond in any manner with children under 13. If you are under 13 years of age you should not use this Website, and under no circumstance should you send information about yourself to us. If we discover that a child under the age of 13 has provided us with Personal Information, we will immediately delete that child’s information from the Website and cease any further communication. Notwithstanding the foregoing, the Website may offer activities, promotions and contests for participation by children under the age of 13 that require certain personally identifiable information reasonably necessary to conduct the activity, promotion or contest (such as an email address, date of birth, home address, personal interests or demographic information), in which event the consent of a parent and/or guardian will be required in accordance with the procedures provided in this Privacy Policy in order for the child to participate in the activity, promotion or contest. With respect to any child-targeted activities, promotion or contest or other TSX Challenge-related program/activity, or in any instance where we ask for age and determine the user is under the age of 13, we will ask for a parent or guardian email address and/or electronic signature in order to confirm parent/guardian consent to such child’s participation in such activities, promotions or contests. By providing a parent/guardian email address and/or electronic signature, such user affirms that they are the parent or legal guardian of the individual seeking participation on this Website or other activities and such parent or legal guardian has the authority to give this authorization to such participation and the sharing of the child’s personal information. In the event we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child please contact us at the email above.

Except as disclosed in this Privacy Policy, we do not use or disclose information about your individual visits to our Website or your Personal Information collected online to any third parties other than those with whom we partner or with whom we are affiliated without your consent.

(a) In General. We use your Personal Information to communicate with you about your interest in our TSX Challenge events and our company, to help us improve your experience on the Website (including to improve our content and product offerings and to customize the Website’s content and layout), to statistically analyze Website usage, and, in some cases, to promote our TSX Challenge events and/or to inform visitors to our Website about the individuals and teams who participate in our TSX Challenge events, new features of the Website, offerings by TSX Challenge (e.g., discounts, event news) and other marketing communications we believe will be of interest to you. We may also use your information to prevent or detect abuses of our Terms of Use and/or Privacy Policy, and/or to enable third parties to carry out technical or other functions on our behalf. We also use personal information for: maintaining records for reasonable periods, and generally managing and administering our activities; meeting legal, regulatory, insurance, security and processing requirements; and otherwise with consent or as permitted or required by law. We may use information in the file we maintain about you to resolve disputes and troubleshoot problems.

(b) Your Submissions. By giving us your Personal Information either through our Website, by email or otherwise, you expressly consent to our collection, use and disclosure of your Personal Information as described in this Privacy Policy. When you submit Personal Information to us, we may use your Personal Information to contact you, and we may provide it to certain third parties for marketing or promotional purposes. For example:

(i) If you fill out a Media Profile Survey, we may share your Personal Information with members of the media and other third parties for marketing and promotional purposes.

(ii) If you fill out a TSX Challenge Universe Survey, we may post certain Personal Information about you in the “Participant Profiles” portion of our Website and may share it with third parties for marketing and promotional purposes. We will not post your contact information on our Website, but please be careful about what you disclose to us and do not disclose any information that you expect to keep private.

(iii) If you fill out a survey expressing interest in volunteering for a TSX Challenge event or if you request our newsletter, we may use your Personal Information to contact you and may share your Personal Information with third parties for purposes of fulfilling your request.

(c) Use of Anonymous Information. We may use anonymous information to help us determine how you use parts of the Website and how we can improve our Website. We may also use anonymous information to provide information in aggregated form to our partners and other third parties about how our users collectively use the Website. We may also use or share anonymous information (or other information, other than Personal Information) in any other manner that we decide is appropriate or necessary.

(d) Third-Parties. In order to process your requests, we may provide your personally identifiable information to service providers or other companies who work on our behalf in order, for example, to process the transaction and deliver the tickets or other goods or services you have ordered or to third parties who assist us in advertising our products and services. Additionally, we may disclose the information we collect form you to our affiliates and/or subsidiaries. When we do so, we use reasonable efforts to assure that they comply with this Privacy Policy and applicable law. Personally identifiable information that we collect may be accessed by a variety of parties, depending upon the project for which the information was originally collected, the terms of that engagement, and the policies into or out of which you have opted. From time to time, we may send you offers from TSX Challenge and our business partners, advertisers or sponsors based on the information you have provided us. We may also provide access to your information to select third parties who perform services on our behalf and for any other legitimate business purposes. These third parties provide a variety of services to us, including without limitation, ticket processing, billing, sales, marketing, advertising, market research, fulfillment, data storage, analysis and processing, and legal services. Additionally, if payment transactions on this Website are completed by one of our third party service providers, you will be sent to the third party service provider’s website to complete your purchase after selecting a product or service to purchase. During this process, the third party service provider may ask you to provide certain personally identifiable information, including credit card information. TSX Challenge does not control the collection, use or disclosure of such information. Please be sure to review the privacy policy of any third party service provider before disclosing personally identifiable information to them.

(e) Emergency Situations. We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend the our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public. In addition, certain business transitions, such as mergers, acquisitions, liquidation or sale of all or a portion of TSX Challenge’s assets, may require the disclosure and/or transfer of your personally identifiable information.

The Website incorporates all industry standard, commercially reasonable safeguards to protect the security, confidentiality and privacy of your personally identifiable information collected at the Website in accordance with this Privacy Policy. However, please keep in mind that “perfect security” does not exist on the Internet and/or the World Wide Web, and it is always possible that any personally identifiable information transmitted or disclosed online can be intercepted by others and used unlawfully. Accordingly, we cannot warrant the security of your personally identifiable information under such circumstances. In addition, personally identifiable information that you may voluntarily disclose and post at the Website that may be viewed by the public will create a risk that such personally identifiable information may be used by others and that you may receive unsolicited email or information as a result.

Our Website contains links to other websites, and in some cases, frames other websites (e.g. Active.com), operated by our affiliates, partners or third parties. This includes links from TSX Challenge’s business partners, advertisers and sponsors that may use the Website’s logo as part of a co-branding arrangement. Please be advised that the practices described in this Privacy Policy for us do not apply to information gathered through these third party website(s). These other website(s) may also send their own cookies to you, collect your data or solicit your Personal Information. Always be aware of the terms of use and privacy policies of the websites you link to. We are not responsible for the actions and/or privacy policies of third parties or their websites. We encourage you to be aware of when you leave our Website and to read the privacy policies and terms of use of each and every website that you visit.

Our Website is published in the United States of America and governed by the law of the United States of America. We comply with the US-EU Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of Personal Information from European Union member countries. If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States of America. If you are located in a European Union country or another country outside the United States and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by us to a third party for the third party’s direct marketing purposes. To make such a request, please contact us at [email protected].

We may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. In such an event, Personal Information may be one of the assets transferred.

As our Website continues to develop, we may change or add new services or features to our Website. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. Please check back regularly for changes.

It is possible for you to use many features of the Website without giving us any personally identifiable information. While we believe our disclosure of your personally identifiable information will result in opportunities that may be of interest to you, you may always opt-out of receiving future e-mail messages and newsletters from us, request that your information be removed from our Website, or to not give your information to any third party by opting out (except as required by law). To make such a request, you can send us a message at [email protected]. Please provide us a commercially reasonable time to remove your Personal Information from our website. However, you should be aware that under some circumstances, we may not be able to fulfill a purchase on this Website without your Personal Information.

By providing us with any personally identifiable information, you expressly and unconditionally release and hold harmless TSX Challenge, its affiliated entities and their directors, members, shareholders, partners, officers, employees, agents, contractors and other representatives from any and all liability for any injuries, loss or damage of any kind directly or indirectly arising from or in connection with any use and/or misuse of your personally identifiable information collected or received by TSX Challenge directly or indirectly through the Website, including without limitation any such personally identifiable information provided by TSX Challenge to third party companies, business partners, advertisers and sponsors.