PRIVACY POLICY

Last Updated: January 18, 2023.

Sports Content Creation, LLC, dba the X Games (“X Games” or “we” or “our” or “us”) respects your privacy, and we are committed to protecting it.

This Privacy Policy describes our practices in connection with information we collect when you:

• Visit our websites www.xgames.com and shop.xgames.com;
• Receive or reply to email or other electronic communications from us;
• View or click on our ads or other X Games online content; and
• Interact with us on social media or websites and applications maintained by other parties.

(collectively referred to as “Sites”). By accessing the Sites or agreeing to the Terms of Use, you agree to this Privacy Policy.

1. HOW WE COLLECT INFORMATION

Depending on your relationship with us, we may ask you to provide certain personal information about you in order to adequately provide the Sites. For example, you may provide us with your name, e-mail address, physical address, phone number(s), and credit card information when you:

• make purchases of our products or services;
• request support for our products or services;
• create an account on one of our Sites;
• request information or materials (e.g. newsletters);
• participate in surveys and evaluations; or
• submit questions or comments to us; or
• enter into one of our sweepstakes.

You may also provide us with information related to your age or behavior when you use certain services, features, and tools on the Sites.

In addition, you may voluntarily provide other information to us in the course of your interactions with us. However, unless specifically requested by us, we ask that you not send us, and you not disclose, any additional sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) through the use of the Sites.

If you disclose any personal information relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to authorize us to use the information in accordance with this Privacy Policy.

Additional Sources

We may also collect your personal information from other sources, such as publicly available databases, providers of demographic information, and social media platforms.

We may also collect information through emails. From time to time, we may send you emails about our products and services. X Games and third parties with which we contract may collect information regarding your interaction with these emails, including whether you opened the email, how long you viewed the email, and whether you opened any links in the email.

In addition, we may collect the following, or similar, information (collectively, as applicable, “Other Information”):

• the number of visitors to the Sites;
• the pages visited on the Sites;
• the Sites features used;
• how long a visitor stays on the Sites;
• the domain names of the site from which visitors connect to our Sites;
• browser and device information;
• information collected through cookies, pixel tags, and other technologies; and/or
• information that has been aggregated in a manner such that it no longer reveals your identity.

We may use and disclose Other Information for any lawful purpose. If we are required to treat Other Information as personal information under applicable law, then we may use and disclose it for the purposes for which we use and disclose personal information as detailed in this Privacy Policy. In some instances, we may combine Other Information with personal information. If we do, we will treat the combined information as personal information as long as it is combined.

Children

The Sites are not directed to consumers or anyone under the age of 18. We do not knowingly collect or solicit information from anyone under the age of 18, or allow anyone under the age of 18 to sign up for the Sites. In the event that we learn that we have gathered personal information from anyone under the age of 18 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at info@xgames.com.

Retention

We may retain your personal information for as long as reasonably needed to provide or manage the Sites, fulfill the purposes for which it was collected, comply with our legal obligations, resolve disputes, and/or enforce our agreements. Personal information that is no longer reasonably required for any such purposes will be destroyed, erased, or de-identified. Subject to applicable law, we may indefinitely retain data from which you cannot reasonably be identified.

2. HOW WE USE INFORMATION

We may use personal information we collect for business purposes to (as applicable):

• verify your identity (such as when you access your account information);
• prevent, detect and investigate crime, including fraud and money laundering, and analyze and manage other commercial risks
• respond to your requests and communicate with you;
• manage your preferences;
• perform analytics concerning your use of the Sites, including your responses to our emails and the pages and advertisements you view;
• to resolve complaints and handle requests for data access, deletion, or correction;
• provide you with tailored content and marketing messages;
• operate, evaluate and improve our business (including developing new products and services; improving existing products, services and Sites; performing data analytics; and performing accounting, auditing and other internal functions);
• debug, identify and repair errors that impair the intended functionality of the Sites;
• comply with and enforce applicable legal and regulatory requirements, legal process, contractual obligations and our policies;
• to establish and defend legal rights, protect our operations and pursue available remedies or limit our damages;
• provide you (or your adviser) with online tools;
• manage infrastructure and other business operations;
• contact you to verify your eligibility for a sweepstakes or for the purposes of prize fulfillment; and/or
• notify you of a product or sweepstakes that we think may be of interest to you.

We may also use personal information for any other purposes that we may specifically disclose at the time we collect your information.

SMS Marketing: By providing your phone number, you agree that news & offers may be sent to me from the X Games via Community at the phone number provided & agree to Community terms/privacy: community.com/terms.

Consent is not a condition to purchase. Standard message frequency may vary. Standard msg. & data rates may apply. Reply HELP for help. Opt-out any time by replying STOP to cancel.

3. HOW WE DISCLOSE INFORMATION

We may make personal information available to (as applicable):

• to the extent relevant, select service providers/vendors (who perform certain services and functions on our behalf and who are bound by confidentiality obligations);
• affiliates, successors, or other relevant third parties in connection with a corporate transaction, such as a sale, consolidation or merger of X Games businesses;
• governmental or other public authorities (e.g., regulators, law enforcement) as required or requested by law (or law enforcement or administration), or to others as required by law; and/or
• to the extent relevant, third parties for other legal reasons, such as to enforce our terms and conditions or to protect our rights, privacy, safety, or property and/or the rights, privacy, safety or property of our affiliates, you or others.

4. UNDERSTANDING COOKIES AND SIMILAR TECHNOLOGIES

We and our service providers may collect Other Information in a variety of ways, including through a browser or device; using cookies, pixel tags or other similar technologies; and through IP addresses.

Cookies and Pixel Tags

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your use of our Sites. A cookie is a small piece of information that a website can send to your browser, which may then be stored on your computer’s hard drive. It acts as a tag that identifies your device. Cookies have the ability to store information about web pages viewed and the advertisements viewed or clicked. For registered users (as applicable), cookies can also save user information and screen preferences.

A pixel tag, also known as a clear GIF or web beacon, is an invisible tag placed on certain pages of the Sites but not on your computer. When you access these services, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, for example, registering when a particular device visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous visit.

X Games uses cookies and pixel tags to provide better customer service, and to analyze how visitors use and navigate the Sites and identify areas which may need improvement. Cookies also help us enhance navigation and the functionality of the Sites, to securely maintain a session for existing users accessing password-protected areas, and to personalize aspects of a visitor's experience.

We may collect information from cookies and pixel tags to evaluate responses to surveys and our advertisements on other websites and to provide you with specific or relevant content such as articles and educational material when you visit the Sites. Some of the Sites use cookies to better serve you when you return to the Sites. For example, a cookie may remember your user ID to simplify your login to a password-protected page. X Games may also use cookies, pixel tags, or other technologies to track your use of certain partner websites.

We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.

You may also wish to refer to www.allaboutcookies.org/manage-cookies/index.html. You can change your browser settings so that cookies are declined or deleted. Note, though, that if you do not accept cookies, you may experience some inconvenience in your use of the Sites and you may not receive advertising or other offers from us that are relevant to your interests and needs.

IP Address

Your IP address is automatically assigned to your computer by your Internet Service Provider. Your IP address may be identified and logged automatically in our server log files whenever you access the Sites, along with the time/date of your visit. We may use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and providing the Sites. We may also derive your approximate location from your IP address.

Analytics

We may also use Google Analytics. Google Analytics uses cookies and similar technologies to collect information about how visitors use the Sites. We may use the information to compile reports and to help us improve the Sites. This service may also collect information regarding the use of other websites, applications, and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

5. ONLINE ADVERTISING

X Games may arrange for advertisements with links to Sites to be placed on third-party websites and web pages and may contract with select partners and affiliates, which use cookies, pixel tags and other online technologies and which we believe may have or facilitate offers that may be of interest to you, to collect information regarding your interaction with X Games advertisements and your use of Sites and third-party websites. These other companies may also collect information about your online activities over time and across different websites. This information may be used to show you X Games advertisements on any of your devices that may be of interest to you when you visit other websites.

For further information about this practice and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit optout.aboutads.info and optout.networkadvertising.org.

6. LINKING TO THIRD-PARTY SERVICES

This Privacy Policy does not apply to and does not address those websites, services, or communications of third parties that have their own privacy statements, or to websites of other companies or third parties that are linked to the Sites. We are not responsible for the privacy, information or practices of any third parties, including any third party operating any website or service to which the Sites link. The inclusion of a link on the Sites does not imply endorsement of the linked site or service by us or by our affiliates. To learn about the privacy policy of another website or service, please refer to the privacy statement for that website or service.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM, or any other application developer, application provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose directly to other organizations or which you enable to be disclosed to other organizations as result of your device or browser preferences through or in connection with your use of any such applications or social media pages.

7. SECURITY

X Games seeks to use reasonable administrative, technical and physical safeguards and other security measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Please note that information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us through the use of the Sites. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us at info@xgames.com.

8. YOUR RIGHTS REGARDING YOUR INFORMATION

You may opt-out of receiving promotional communications, remove your information from our database, unsubscribe from communications related to the Sites, or cancel your account, as applicable, by contacting us at [EMAIL]. In some cases, we may not be able to remove your personal information, in which case we will explain that we are unable to do so and why.

Upon your request and authentication of your identity, we will provide you with information about the personal information we have collected from you, whether we hold your personal information or whether we process your personal information on behalf of a third party. You have the right to contact us to request the correction, modification, or deletion of your personal information. To make such a request and/or to pose any other questions regarding this Privacy Policy, please contact us at [EMAIL]. Requests we receive to access, change, or delete personal information will be addressed within 30 days, or earlier if required by applicable laws or regulations.

If we are unable to provide access to certain personal information that you request, we will notify you in writing (e.g., by email) of such circumstances, including the reason(s) such request was denied, and outline further steps which may be available to you.

9. STATE SPECIFIC RIGHTS

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, the law in your state provides you with the following rights with respect to your personal information:

Your California, Colorado, Connecticut, Utah, and Virginia Privacy Rights

• The right to know what personal information we have collected, used, disclosed, and sold about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom X Games discloses personal information, and the specific pieces of personal information X Games has collected about you.
• The right to obtain a copy of personal information we have obtained about you in a portable and, to the extent technically feasible, readily usable format.
• The right to correct inaccurate personal information about you, taking into account the nature of the personal information and the purposes of the processing.
• The right to request that we delete any personal information we have about you.
• If we deny your request, the right to appeal our decision.

In addition, and as set forth below, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information we may have “sold” or “shared” about you. For the 12-month period prior to the date of this Privacy Policy, we have not sold or shared any personal information about our customers. We do not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.

Submitting Requests

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you may submit your requests to opt out, correct, delete, and/or to know/obtain personal information we have collected about you by contacting us at info@xgames.com.

We will respond to your request in compliance with the requirements of your state’s applicable laws.

Verification of Your Identity

When you exercise these rights and submit a request to us, we will verify your identity by asking you to log in to your account if you have one with us. Or if you do not, we may ask for your email address. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state’s consumer privacy law.

Appeal

Residents of Colorado, Connecticut, and Virginia may appeal a decision we have made regarding their requests by emailing us at info@xgames.com. We will respond to appeals from Virginia and Connecticut residents within 60 days. We will respond to appeals from Colorado residents within 45 days.

Non-Discrimination

If you make a request under your state privacy law, we will not discriminate against you in any way. For example, we will not deny you discounts or other benefits or impose penalties on you, or provide you with or suggest that you will receive a different level or quality of benefits or services.

Authorized Agents

You may permit an authorized agent to submit a request to know or to delete your personal information. If we receive a request on your behalf, we will ask that person to give us proof that you gave that person written permission to make a request for you. If that person does not provide us with written proof, we will deny their request so that we can protect your personal information.

Automated Decision-Making

We generally do not use automated decision-making technology, as that term is defined by state privacy laws. If we make use of automated decision-making technology, you will be informed through a separate privacy notice.

Personal Information Collected by X Games in the Preceding 12 Months

The following table sets forth the categories of personal information we have collected in the preceding 12 months, the source of that personal information, and how we have used and disclosed such personal information in the preceding 12 months.

Category of Personal Information Collected - Identification and contact information: such as your name, address, email address, telephone numbers, email address, telephone numbers, or other contact details you may provide to us when you register or update an account, sign up for email communications, join our mailing list, or other contact information.

Source of Information - From you, including when you contact customer service or marketing.

Purpose for Collection - To communicate with you, when you contact us, when you request customer service or support, to complete your registration on our Sites, to administer your account with us, to provide you with offers that may be of interest to you, to send you information, newsletters, promotional materials and other offerings from us or on behalf of our partners and affiliates, to handle your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, and to obtain customer feedback and improve our customer service and customer shopping experience.

Categories of Recipients - Our service providers.

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Category of Personal Information Collected - Purchase and order information: contact information, together with purchase details, e-receipts, delivery details, payment details, and any communications we have received about your order or purchase.

Source of Information - From you or from another customer who places an order to be delivered to you.

Purpose for Collection - To complete a particular transaction or fulfill a service, to validate, confirm, verify, deliver, and track your order, including to arrange for shipping, handle returns and refunds, maintain a record of the purchases you make, and to provide you offers that may be of interest to you.

Categories of Recipients - Our service providers who process, fulfill and/or ship orders.

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Category of Personal Information Collected - Payment information: name, card issuer and card type, credit or debit card number, expiration date, CVV code, billing address, and other financial information shared when making a purchase.

Source of Information - From you and your payment card issuer.

Purpose for Collection - To complete a particular transaction or fulfill a service, to check that the right person is using the right card or account, meets the requirements of the card brands or account issuers, and to make sure we are paid for what you buy.

Categories of Recipients - Our service providers who process payments for us and who are contractually required to comply with laws and requirements applicable to payment processing, which may include Payment Card Industry Data Security Standards.

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Category of Personal Information Collected - Legal information: fraud checks or flags raised about your transactions, the payment card you want to use, payment card refusals, suspected crimes, complaints, claims and accidents.

Source of Information - From you, the police, crime and fraud prevention agencies, payment card providers, the public, regulators, your and our professional advisors and representatives.

Purpose for Collection - To protect you, other customers and our business against criminal activities and risks, make sure we understand and can meet our legal obligations to you and others and can defend ourselves, and if required by law, governmental request or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our Sites or the public.

Categories of Recipients - Our service providers who help us with fraud protection and credit risk reduction, and law enforcement and other governmental authorities in accordance with applicable law.

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Category of Personal Information Collected - Preference information: your marketing preferences, your account settings (including any default preferences), any preferences you have indicated, the types of services/offers that interest you, the areas of our Sites that you have visited or ways that you interact with our Sites.

Source of Information - From you, from our Sites technology interaction with your browser/devices and cookies and other similar technologies tracking the pages you visit, the marketing messages you open and the links you follow.

Purpose for Collection - To enhance your ticket buying experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Sites content, targeted offers from us, advertising on the Sites, via email, text messages, or push notifications that are offered by us and might be of interest to you

Categories of Recipients - Our third-party vendors and service providers that perform website analytic support for us or enable the customization of offers to you to improve your ticket buying experiences through our Sites, or elsewhere.

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Category of Personal Information Collected - Voluntary information: any voluntary information you provide us with, such as by sending an e-mail through our Sites and/or to the addresses indicated in our Sites or by calling, e-mailing, texting, or chatting online with our customer service team and/or store staff, by responding to surveys or competitions, and by providing social media account details.

Source of Information - From you and your social media account provider.

Purpose for Collection - To handle your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, and to obtain customer feedback and improve our customer service and customer shopping experience, to know you better, make our communications with you more personal, learn and improve from your survey feedback, organize events (such as user interviews), and pick competition winners.

Categories of Recipients - Our service providers who administer surveys.

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Category of Personal Information Collected - Device and internet network information: IP address, internet service provider, operating system and browser used, domain names of the computers you use to visit our Sites, your operating system and browser used, type of device (such as laptop or smart phone), log files, URIs (Uniform Resource Identifiers) of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical status code of the server reply (successful, error, etc.) and other parameters concerning the user's operating system and computer environment, and/or device cookie settings and other device details (such as MAC address and geolocation).

Source of Information - From you and from our Sites technology’s interaction with your browser or devices and from service providers who support our fraud detection efforts.

Purpose for Collection - To improve our Sites, customer service, and user experience, to provide customer service, to make sure our Sites technologies works properly with your device and make sure you can see and use our intended Sites on the device you are using, for analytical and demographic purposes, and to provide offers that may be of interest to you

We also will use this information to protect the security and integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users.

Categories of Recipients - Our service providers who help us with fraud protection, and third-party vendors and service providers that perform website analytic services for us or enable more relevant offers to you on our Sites or elsewhere.

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Category of Personal Information Collected - Information automatically collected from your browser: when you use the Sites, some data is automatically transferred from your browser to our server, including your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, keystrokes typed, movement of the mouse or pointer, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Sites, the amount of time you spend viewing or using the Sites, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Sites.

Source of Information - From you and from our Sites technology’s interaction with your browser or devices.

Purpose for Collection - To improve our Sites, customer service, user experience, products, and services; to create a session replay that shows your visit to our Sites.

We will use this information in an aggregated non-specific format for analytical and demographic purposes.

We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users.

Categories of Recipients - Our third-party vendors and service providers that perform website analytic services for us or enable the customization of offers to you to improve your shopping or website experience and the relevance of offers to you on our Sites, or elsewhere.

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Category of Personal Information Collected - Social media information: if you interact with us through a social media service or log in using social media credentials, depending on your social media settings, we may have access to your information from that social network such as your name, email address, age, gender, and location.

Source of Information - From third parties, such as co-branded partners and websites (for example, on our Facebook pages).

Purpose for Collection - For research, analytical and other business purposes; to enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites.

Categories of Recipients - With certain authorized third parties for the purpose of providing specialized services to us (such as helping us to maintain and manage our customer. information, communicate with our customers, service our Sites, conduct surveys, fulfill orders, etc.); with your consent, with third parties whose products or services may be of interest to you.

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Category of Personal Information Collected - Inferences drawn from the information identified above: to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Source of Information - From you and the other sources listed above.

Purpose for Collection - To enhance your online shopping experience, to personalize your experience; and to provide you with customized content.

Categories of Recipients - With certain authorized third parties for the purpose of providing specialized services to us (such as helping us to maintain and manage our customer information, communicate with our customers, service our Sites, conduct surveys, fulfill orders, etc.)

1. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at any time. When we do, we will let you know by appropriate means such as by posting the revised statement on this page with a new “Last Updated” date. Changes to this Privacy Policy will become effective when posted, unless indicated otherwise.

1. CONTACT US

If you have any questions or wish to exercise your rights and choices, please contact us at info@xgames.com.