PRIVACY POLICY

Updated as of: March 10th, 2023

BACKPACK PRIVACY POLICY

This Privacy Policy describes how My Backpack, LLC, a Washington Limited Liability Company, and its affiliates ("Backpack," "us," "we" or "our") collects, uses, stores, shares, and protects your Personal Information whenever you participate in, download, view, or use our websites (including, without limitation, www.mybackpack.app), any of our services, including, without limitation, the Backpack Wallet services, or Storefront Pay services, or any mobile application offered by us, any sweepstakes, contest, event or other promotions offered or sponsored by us, any of our application programming interfaces ("API") or any third party applications relying on such API (collectively, the "Services"). By downloading, using, or participating in the Services, you consent to the data practices prescribed in this Privacy Policy. As specified in further detail below, we may periodically change this Privacy Policy.

It is your responsibility to review this Privacy Policy frequently and we encourage you to visit this page often.

COLLECTION OF INFORMATION

Information You Provide to Us:
We collect Personal Information you provide directly or indirectly to us. "Personal Information" means information about you that is personally identifiable or from which you can be identified together with other information (e.g., your name, address, email address or phone number). Personal Information does not include information that is de-identified, aggregated, or that cannot be reasonably linked with an identifiable individual. For example, we collect Personal Information about you when you communicate with us for support, or if you report a bug or other error related to Backpack or when you interact with us through social media. The types of Personal Information we may collect are as follows: Contact Information, such as your name, mailing address, telephone number, and email address. Financial Information, such as bank account numbers, credit card numbers and virtual currency account information. Government Identification Numbers, such as your social security number or a state issued identification number. Biographic or Demographic Information, such as your date of birth, gender, occupation, employment status and any other Personal Information you choose to provide about yourself.
Information We Collect from Other Sources:
We may also obtain information from other sources and combine that with Personal Information we collect through the Services. For example, we may collect nonpublic Personal Information about you from third parties, including identity verification services. We obtain financial transaction history through a vendor (including a user's bank account or credit card account transaction history) as necessary to implement certain Services and delete this data periodically in most cases. We may also obtain Personal Information when we acquire a business or assets from another company.

Information We Collect Automatically:
When you download, access, or use the Services, we automatically collect Personal Information as follows: Transaction Information: we collect information about the transaction you complete via the Services. Location Information: we may collect precise geolocation information from your mobile device when you access or use our Services. We also collect user location information when you access certain Services on our website, such as the Backpack or Storefront Pay.

Information We Collect Automatically:
When you download, access, or use the Services, we automatically collect Personal Information as follows:
Transaction Information: we collect information about the transaction you complete via the Services. Location Information: we may collect precise geolocation information from your mobile device when you access or use our Services. We also collect user location information when you access certain Services on our website, such as the Backpack or Storefront Pay.
Device and Log Information: we collect information about the computer or mobile device you use in connection with the Services, including device identifiers, mobile network information, type of operating system, and the type of browser used. We also log information about your use of the Services, including access times, pages viewed, IP address, other standard web log data, and the page visited before and after navigating to our websites.

USE OF INFORMATION

How Personal Information is Used:

  1. Provide the Services, customer support, and conduct promotions (including sweepstakes and contests).
  2. Process transactions, send notices about your transactions, and maintain accurate records of transactions (including location data).
  3. Manage your account(s) and send technical notices, updates, security alerts, and support and administrative messages.
  4. Resolve disputes, collect fees, and troubleshoot problems.
  5. Prevent potentially prohibited or illegal activities, comply with U.S. and international financial regulations, and enforce our user agreements and policies.
  6. Personalize, measure, and improve the Services.
  7. Deliver our marketing and promotional offers via email.
  8. Link or combine your Personal Information with information we obtain from others to help understand your needs and provide you with better service.
  9. To communicate with you: subject to applicable law, we or our third-party service and business providers may send you communications. Such communications are designed to make your experience of our Services more efficient and may include, but are not limited to: notifications about our Services and other communications (including important news that could affect your relationship with us), communications about promotions and our mobile application features. Where required under applicable data privacy laws, we will not send you marketing communications without your prior consent.
  10. For legal purposes: we may use and share Personal Information for legal purposes, including financial, regulatory, tax, and other legal obligations, and to respond to governmental or regulatory requests or subpoenas or for litigation purposes.
  11. For our legitimate business interests and those of a third party: we may use your Personal Information to manage our legal, regulatory, financial and business requirements, including obtaining legal advice, in the course of disputes and litigation, internal and/or regulatory investigations.
  12. For our business purposes: we may use your Personal Information to help us efficiently operate the Services, to count and recognize visitors to our Services, to enable certain features on or in our Services, and for other purposes related to managing our business.
  13. For other purposes: subject to applicable law, we may use your Personal Information for additional purposes in connection with the Services, where you have provided your prior consent.

DISCLOSURE OF INFORMATION

We may disclose any Personal Information we collect about you, whether you are a current or former customer, user of or participant in the Services, including nonpublic Personal Information and any other information we collect to all companies affiliated with Backpack, and with nonaffiliated third parties, which include non-financial companies, such as email service providers, identity and fraud verification services, and others, such as other users of our Services with which you engage in transactions.

We may make such disclosures:

  1. To service providers that perform support or marketing services on our behalf, including, without limitation, virtual assistants who provide customer support; and
  2. item.text && For our everyday business purposes, such as to process transactions, maintain accounts, comply with U.S. and international financial regulations, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share Personal Information about you as follows:
    • With any party you intend to distribute cryptocurrency or funds to, or that intends to distribute cryptocurrency or funds to you, via the Services, including information about whether your account is active and whether the account has been verified.
    • With vendors, consultants, professional advisors such as lawyers, accountants, auditors and other service providers who need access to your Personal Information to carry out work on our behalf or provide advice to us. These service providers help with our business operations such as fraud prevention, technology services, and payment processors. We enter into confidentiality agreements with these service providers and they do not have any independent right to share your Personal Information.
    • We may provide information about you or your Personal Information to:
      1. respond to subpoenas, court orders, legal process or governmental regulations,
      2. establish or exercise our legal rights or defend against legal claims, or
      3. enforce our user agreements or other policies and agreements. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, or as otherwise required by law.
    • In connection with, or during negotiations of, any merger, sale of Backpack assets, financing or acquisition or all or a portion of our business to another company.
    • With your consent or at your direction.
  3. If we are under any other duty to disclose or share your information to comply with our legal obligations. Please note that third parties that support our customer identification and anti-fraud controls may retain and use Personal Information about you to perform services on our behalf and to improve their services. By using any of the Services, you consent to the retention and use of such information by these providers to improve their services.

We may also share aggregated or de-identified information with our affiliated companies or nonaffiliated third parties, which cannot reasonably be used to identify you. The Personal Information that we collect from you may be transferred to, and stored at, a destination outside your country of residence. We are headquartered in the U.S. and your Personal Information is transferred to us in the U.S., and to the third parties referenced above who may also be in the U.S. or otherwise located in a country with less stringent data privacy laws compared to those in your country of residence. We use reasonable technical and organizational security measures to protect your Personal Information when it is transferred or shared to us or our affiliates or our third-party recipients.

PROTECTION OF INFORMATION

We are committed to making sure your information is protected in accordance with applicable laws and our data privacy policies. We have selected third-party vendors that help us keep your Personal Information safe. Unfortunately, we do not control these third parties and therefore cannot guarantee complete security. We work to protect the security of your personal information during transmission by using encryption protocols and software. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information and secure all connections with industry standard transport layer security. Even with all these precautions, we cannot fully guarantee against the access, disclosure, alteration, or deletion of data through events, including but not limited to hardware or software failure or unauthorized use. Any information that you provide to us is done so entirely at your own risk.

DELETION OF PERSONAL INFORMATION

If for any reason you wish to delete your Personal Information stored with us, please send us an e-mail to: info@mybackpack.app, and we will make reasonable efforts to delete any such Personal Information in accordance with any applicable privacy laws and consistent with reasonable recordkeeping practices. We may need to retain certain Personal Information for business records purposes, or for tax, or other legal requirements, or otherwise as permitted under applicable data privacy laws. Before honoring a request for deletion, we may need to request information from you to verify your identity.
Backpack will retain your Personal Information as necessary to comply with our legal obligations or to resolve disputes. We will also maintain copies of your information to the extent retained as part of our standard backup/archive process. In addition, these procedures will not remove any of your information that you provided to other users or third parties, or that third parties collected from websites or services linked to our Services.

ACCESS AND OBJECTION TO PROCESSING

Under applicable data privacy laws, you may have rights to request access to your Personal Information or to object to processing or request that the Personal Information you have provided to us is sent to another organization. If you would like exercise these legal rights, please contact us at info@mybackpack.app. We will need enough information to ascertain your identity as well as the nature of your request. We will aim to respond to your request within one calendar month of receipt of the request. Where we were unable to do so within the calendar month, we will notify you of the soonest practicable time within which we can respond to your request. There are certain exemptions and restrictions of these rights under the applicable data privacy laws that enable personal information to be retained, processed, or withheld from access and we will inform you of these if applicable.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits customers who are California residents to request certain information about our disclosure of personal information during the prior calendar year to third parties for their own direct marketing purposes. However, we do not sell or rent your Personal Information to any third party for their own marketing. For questions, please contact us at info@mybackpack.app. Your exercise of these rights will have no adverse effect on the price and quality of our goods and services.

MINORS

To use the Services, you must be over the age of 18. In addition, to participate in a promotion, you must be eligible under the Official Rules of that promotion. Backpack does not knowingly collect Personal Information from persons under the age of 18 and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that persons who are under the age 18 are not using the Services, including participating in promotions. In the event that it comes to our knowledge that a person under the age of 18 is using the Services, we will prohibit and block such user from accessing the Services and will make all efforts to promptly delete any Personal Information stored with us with regard to such user to the extent permissible by law and financial transactions recordkeeping requirements.

DIRECT MARKETING

You agree (and, where required under applicable data privacy laws, you agree that only with your prior consent) that we may use your contact details for the purpose of informing you regarding products and services offered by us which may interest you through targeted advertising on your computer or mobile device, and to send to you advertisements and other marketing material, transmitted to the e-mail address you provide us.
You may withdraw your consent by sending a written notice to Backpack by email to the following address: info@mybackpack.app or in the same manner as the advertising was transmitted to you (e.g., via email). We are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties, and you irrevocably and unconditionally agree that we are not responsible or liable with respect to such advertisements, products and services

CHANGES TO THE PRIVACY POLICY

Backpack reserves the right to change this Privacy Policy at any time, so please re visit this page frequently and make note of the Effective Date. Where the circumstance and nature of the changes require that we notify you regarding changes to this Privacy Policy, we will provide notice on our website and/or we will send you an e-mail regarding such changes to the e-mail address that you have provided to us and/or that is registered with any account you establish using the Services. All changes will be effective as of the Effective Date listed. Your continued use of or participation in any of the Services after the Effective Date will constitute acceptance of, and agreement to be bound by, all changes.

FINAL NOTE

Your right to privacy and the protection of your personal data is important to us. The sections above provide the details as to how we process your personal information through Backpack. We don't share your information with third parties except to deliver you our Services, comply with the law, make Backpack better, and protect our rights. We're not a corporate conglomerate, but rather a team of developers and operators just trying to deliver an incredible suite of products. If you have any questions or concerns about this policy, please reach out to us at info@mybackpack.app

Updated as of: March 10th, 2023