Welcome to SPLY CONCEPTS and the AREYOUASOCIATED platform (collectively, "SPLY," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, products, and experiences. By accessing or using our platform, you agree to be bound by these Terms and our Privacy Policy.

Acceptance of Terms

By creating an account, accessing our website, or participating in any SPLY experience, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

Eligibility

You must be at least 18 years old to use our services. By using SPLY, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are between 13 and 17 years old, you may only use our services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13 years of age. If we discover that we have inadvertently collected information from a child under 13, we will delete it immediately.

Account Registration and Security

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

• You must notify us immediately of any unauthorized use of your account or any other breach of security.

• SPLY reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or harmful activities.

Use of Services

SPLY grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for personal, non-commercial purposes. You agree not to:

• Use our services for any illegal or unauthorized purpose.

• Violate any laws in your jurisdiction (including but not limited to copyright laws).

• Transmit any viruses, malware, or other malicious code.

• Attempt to gain unauthorized access to our systems or networks.

• Interfere with or disrupt the integrity or performance of our services.

• Scrape, copy, or extract data from our platform without explicit written permission.

• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

• Create or use fake accounts, multiple accounts, or purchase or sell accounts.

• Use automated bots, scripts, or other automated means to access our services without our express written permission.

• Engage in cryptocurrency mining using our platform's resources.

• Harass, threaten, intimidate, or abuse other users or SPLY personnel.

• Post or transmit sexually explicit, violent, hateful, or discriminatory content.

• Engage in spamming, phishing, or other deceptive practices.

Membership and Subscriptions

• Membership Tiers: SPLY offers various membership levels, including free access and paid subscriptions with exclusive benefits.

• Payment: Paid memberships are billed on a recurring basis. You authorize us to charge your payment method for all fees incurred.

• Cancellation: You may cancel your membership at any time. Cancellations will take effect at the end of the current billing period, and no refunds will be provided for partial periods.

• Price Changes: We reserve the right to modify subscription fees with 30 days' notice. Continued use after notice constitutes acceptance of the new pricing.

1. Purchases and Transactions

• All purchases made through SPLY are subject to product availability and acceptance of your order.

• Prices are subject to change without notice. We reserve the right to refuse or cancel any order at our discretion.

• Payment processing is handled by secure third-party providers. We do not store complete credit card information on our servers.

• Limited edition drops, exclusive releases, and time-sensitive offers are final sale unless otherwise stated.

• All Sales Final: All sales are final. We do not offer refunds or exchanges except in cases of defective products or errors on our part. If you believe you are entitled to a refund due to extraordinary circumstances, please contact us at support@splyconcepts.com to request consideration on a case-by-case basis.

• Defective Products: If you receive a defective or damaged product, you must notify us within 7 days of receipt. We will, at our sole discretion, replace the item or issue a refund.

Shipping and Delivery

• Shipping Costs: Shipping costs may be charged separately or included in the purchase price, as indicated at checkout. You are responsible for all applicable shipping fees unless otherwise stated.

• Delivery Timelines: We aim to process and ship orders within 3-7 business days. Delivery times vary based on your location and shipping method selected. Estimated delivery times are not guaranteed.

• International Shipping: International orders may be subject to customs duties, taxes, and fees imposed by the destination country. You are responsible for all such charges. We do not ship to certain restricted countries or regions.

• Risk of Loss: Risk of loss and title for products purchased from SPLY pass to you upon delivery to the shipping carrier.

• Undeliverable Packages: If a package is returned to us as undeliverable due to an incorrect address provided by you or failure to claim the package, you will be responsible for the cost of reshipping. We reserve the right to cancel the order and issue a refund minus original shipping costs.

• Tracking: You will receive a tracking number once your order has shipped. It is your responsibility to monitor the tracking information and contact the carrier with any delivery issues.

Returns Policy

• As stated above, all sales are final. Returns are only accepted for defective or damaged items.

• Return Window: Requests for returns of defective items must be made within 7 days of delivery.

• Return Process: To initiate a return, contact us at support@splyconcepts.com with your order number, photos of the defect, and a description of the issue. We will provide return instructions if your request is approved.

• Return Shipping: For approved returns of defective items, SPLY will provide a prepaid return shipping label. For all other returns (if approved at our discretion), you are responsible for return shipping costs.

• Refund Processing: Approved refunds will be processed within 10 business days of receiving the returned item and will be issued to the original payment method.

Intellectual Property Rights

• All content, trademarks, logos, service marks, trade names, and intellectual property on the SPLY platform are owned by or licensed to SPLY CONCEPTS.

• You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our prior written consent.

• User-generated content remains your property, but by posting it on our platform and social media pages or submitting it to us, you grant SPLY a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content.

User-Generated Content

When you submit content to SPLY (including reviews, comments, photos, or other materials), you represent and warrant that:

• You own or have the necessary rights to the content.

• The content does not violate any third-party rights or applicable laws.

• The content is not defamatory, obscene, offensive, or harmful.

We reserve the right to remove any user-generated content that violates these Terms or that we deem inappropriate at our sole discretion.

• Content Moderation Appeals: If your content is removed or your account is suspended, you may appeal the decision by contacting us at support@splyconcepts.com within 14 days. We will review your appeal and respond within a reasonable timeframe.

Privacy and Data Protection

Your privacy is VERY important to us. Our collection, use, and protection of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. We are committed to compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the California Consumer Privacy Act (CCPA) for California residents.

Children's Privacy (COPPA Compliance)

SPLY does not knowingly collect personal information from children under the age of 13. Our services are not directed to children under 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe we have collected information from a child under 13, please contact us at support@splyconcepts.com.

California Consumer Privacy Rights (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to Know: You have the right to request information about the personal information we collect, use, disclose, and sell.

• Right to Delete: You have the right to request deletion of your personal information, subject to certain exceptions.

• Right to Opt-Out: You have the right to opt-out of the sale or sharing of your personal information.

• Right to Correct: You have the right to request correction of inaccurate personal information.

• Right to Limit: You have the right to limit the use and disclosure of sensitive personal information.

• Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights.

To exercise these rights, please contact us at support@splyconcepts.com. We will verify your identity before processing your request.

Cookies and Tracking Technologies (GDPR Compliant)

What Are Cookies: Cookies are small text files stored on your device when you visit our website. They help us provide you with a better experience by remembering your preferences and analyzing site usage.

Types of Cookies We Use:

• Essential Cookies: Required for the website to function properly. These cannot be disabled without affecting site functionality.

• Performance Cookies: Collect anonymous information about how visitors use our site, helping us improve performance and user experience.

• Functional Cookies: Remember your preferences and settings to provide enhanced, personalized features.

• Targeting/Advertising Cookies: Track your browsing habits to deliver relevant advertisements and measure campaign effectiveness.

Your Cookie Choices:

• Upon your first visit, you will be presented with a cookie consent banner allowing you to accept or customize your cookie preferences.

• You can manage your cookie preferences at any time through our Cookie Settings tool available in the website footer.

• You may also disable cookies through your browser settings, though this may limit certain website functionalities.

Third-Party Cookies: We use third-party services (such as Google Analytics, social media platforms, and advertising networks) that may place cookies on your device. These third parties have their own privacy policies governing their use of your data.

GDPR Rights: If you are located in the EEA, you have specific rights regarding your data, including the right to access, correct, delete, restrict processing, data portability, and to withdraw consent. For more information, please see our Privacy Policy or contact us at support@splyconcepts.com.

Pop-Up Events and Physical Experiences

• Admission to pop-up events, flagship stores, and physical activations may be subject to additional terms, capacity limits, or entry requirements.

• SPLY reserves the right to refuse entry or remove any individual who violates event policies or behaves in a manner deemed disruptive or harmful.

• Photography and videography may occur at our events. By attending, you consent to being photographed or recorded and grant SPLY the right to use such media for promotional purposes.

• Liability at Events: SPLY is not responsible for any injury, loss, or damage to persons or property that occurs at our events, except where caused by our gross negligence or willful misconduct.

• Assumption of Risk: By attending, participants acknowledge and assume all risks associated with the event, including but not limited to personal injury, property damage, or illness.

• Medical Emergencies: SPLY is not responsible for providing medical care. Attendees with medical conditions should take necessary precautions. In case of emergency, SPLY may contact emergency services on your behalf.

• Age Restrictions: Certain events may have minimum age requirements. Minors must be accompanied by a parent or legal guardian who accepts responsibility for their conduct and safety.

• Prohibited Items and Conduct: Weapons, illegal substances, outside alcohol, and other prohibited items are not permitted. Attendees engaging in harassment, violence, or illegal activity will be removed and may face legal action.

• Ticket Transfer and Resale: Tickets are non-transferable and may not be resold without SPLY's written consent. Unauthorized resale may result in ticket cancellation without refund.

• Weather and Cancellations: Outdoor events may be subject to weather-related modifications or cancellations. SPLY will make reasonable efforts to notify attendees, but is not liable for any related costs or inconveniences.

• Personal Property: SPLY is not responsible for lost, stolen, or damaged personal property at events. Attendees are advised to keep valuables secure.

• Privacy and Surveillance: For security purposes, events may be monitored by security personnel and surveillance equipment.

Partnerships and Third-Party Services

• SPLY collaborates with various brands and organizations to provide exclusive deals, products, and experiences.

• We are not responsible for the products, services, or conduct of our partners. Your interactions with third-party partners are governed by their respective terms and policies.

• Any disputes arising from third-party transactions should be resolved directly with the applicable partner.

Beta Features and Experimental Services

From time to time, SPLY may offer beta features, pilot programs, or experimental services ("Beta Features"). These Beta Features are provided "as-is" for testing and feedback purposes and may contain bugs, errors, or incomplete functionality. By participating in Beta Features:

• You acknowledge that Beta Features may not perform as intended and may be discontinued at any time without notice.

• You agree to provide feedback and report issues to help us improve the features.

• You understand that Beta Features are subject to additional disclaimers and limitations of liability beyond those in these Terms.

• SPLY reserves the right to modify, suspend, or terminate Beta Features at any time without liability to you.

Export Control and Sanctions Compliance

You agree to comply with all applicable export control laws and regulations, including but not limited to the U.S. Export Administration Regulations and sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You represent and warrant that:

• You are not located in, or a resident or national of, any country subject to U.S. government embargo or designated as a "terrorist supporting" country.

• You are not listed on any U.S. government list of prohibited or restricted parties.

• You will not use our services in violation of any export restrictions or sanctions.

SPLY reserves the right to suspend or terminate your access if we believe you are in violation of export control or sanctions laws.

Accessibility

SPLY is committed to making our website and services accessible to all users, including those with disabilities. We strive to meet or exceed the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any accessibility barriers or have suggestions for improvement, please contact us at support@splyconcepts.com. We will work to address your concerns in a timely manner.

Virtual Items and Digital Goods

If SPLY offers virtual items, digital collectibles, or other digital goods (collectively, "Virtual Items"), the following terms apply:

• Virtual Items have no monetary value and cannot be exchanged for cash or other items of value.

• You do not own Virtual Items; you are granted a limited, revocable license to access and use them in accordance with these Terms.

• SPLY may modify, suspend, or discontinue Virtual Items at any time without notice or liability.

• Virtual Items are non-transferable and may not be sold, traded, or gifted to other users unless explicitly permitted by SPLY.

• Upon termination of your account or these Terms, you will lose all access to Virtual Items without compensation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SPLY CONCEPTS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

• OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO SPLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

• WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE OUR SERVICES AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend, and hold harmless SPLY CONCEPTS and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms.

• Your use of our services.

• Your violation of any rights of another party.

• Your user-generated content.

Disclaimers

• OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

• WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON OUR PLATFORM.

Dispute Resolution and Arbitration

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.

Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

• The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA).

• The arbitration will take place in Chicago, Illinois, or remotely via video conference.

• You and SPLY agree to waive the right to a jury trial and to participate in class actions or class arbitrations.

Exceptions: Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

Statute of Limitations: Any claim or dispute arising from these Terms must be filed within one (1) year after the claim arose, or it will be permanently barred.

Force Majeure

SPLY CONCEPTS shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, storms, or severe weather conditions.

• War, terrorism, civil unrest, riots, or armed conflict.

• Pandemics, epidemics, or public health emergencies.

• Government actions, laws, regulations, orders, or embargoes.

• Labor disputes, strikes, or lockouts.

• Failure of telecommunications, internet service providers, or utilities.

• Cyberattacks, hacking, or other malicious digital interference beyond our reasonable security measures.

In the event of a force majeure circumstance, SPLY's obligations under these Terms will be suspended for the duration of such event. We will make reasonable efforts to notify affected users and resume normal operations as soon as practicable. If the force majeure event continues for more than 90 days, either party may terminate the affected services without liability.

Modifications to Terms

• SPLY reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date.

• Your continued use of our services after such modifications constitutes your acceptance of the updated Terms.

• If you do not agree to the modified Terms, you must discontinue use of our services.

Termination

• You may terminate your account at any time by contacting us at support@splyconcepts.com.

• SPLY may suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in fraudulent, abusive, or illegal conduct.

• Upon termination, your right to use our services will immediately cease, and we may delete your account and data.

• Sections of these Terms that by their nature should survive termination will survive, including Sections 33 (Intellectual Property Rights), 66 (Limitation of Liability), 71 (Indemnification), 77 (Disclaimers), 81 (Dispute Resolution and Arbitration), and any other provisions which by their nature should survive.

Sever ability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our platform, constitute the entire agreement between you and SPLY CONCEPTS regarding your use of our services and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of SPLY.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. SPLY may assign these Terms at any time without notice to you.

Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us!

Support: support@splyconcepts.com

Special Provisions for EU/EEA Users (GDPR Compliance)

If you are located in the European Economic Area (EEA), you have additional rights under the General Data Protection Regulation (GDPR):

• Data Controller: SPLY CONCEPTS is the data controller for your personal data.

• Legal Basis: We process your data based on consent, contractual necessity, legitimate interests, or legal obligations.

• Your Rights: You have the right to access, rectify, erase, restrict processing, object to processing, and request data portability of your personal data.

• Withdrawal of Consent: You may withdraw your consent to data processing at any time through your account settings or by contacting us.

• Complaints: You have the right to lodge a complaint with your local data protection authority if you believe your data protection rights have been violated.

• Data Transfers: If we transfer your data outside the EEA, we will ensure appropriate safeguards are in place, such as Standard Contractual Clauses approved by the European Commission.

Thank you for being part of the SPLY CONCEPTS community. We look forward to shaping culture together.

Privacy policy

At SPLY CONCEPTS and the areyouasociated platform (collectively, "SPLY," "we," "us," or "our"), we are deeply committed to protecting your privacy and handling your personal information with the utmost care and transparency. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, use our services, attend our events, or interact with our platform.

By accessing or using our services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with our practices, please do not use our services.

1. Information We Collect

We collect information that you provide directly to us, information we obtain automatically when you use our services, and information from third-party sources.

1.1 Information You Provide to Us

Account Registration:

• Full name

• Email address

• Username and password

• Date of birth (for age verification)

• Phone number (optional, for SMS alerts)

• Profile photo (optional)

• Billing and shipping addresses

• Payment information (processed securely by third-party payment processors)

Membership and Subscriptions:

• Membership tier selection

• Subscription preferences

• Payment method details

• Billing history

Purchases and Transactions:

• Order history

• Product preferences

• Shipping information

• Purchase behavior and patterns

Event Participation:

• RSVP and ticket information

• Event preferences

• Attendance records

• Photos or videos taken at events (with consent)

Communications:

• Messages sent through our platform

• Customer support inquiries

• Survey responses and feedback

• Email, SMS, and communication preferences

User-Generated Content:

• Reviews, comments, and ratings

• Photos and videos you share

• Social media interactions with our content

• Forum posts and community contributions

Partner and Consulting Inquiries:

• Business name and contact information

• Nature of inquiry or project scope

• Company information and industry

• Collaboration preferences

1.2 Information We Collect Automatically

Device and Usage Information:

• IP address and device identifiers

• Browser type and version

• Operating system

• Device type (mobile, tablet, desktop)

• Screen resolution and display settings

• Pages viewed and time spent on pages

• Referring and exit pages

• Click-stream data and navigation patterns

• Search queries within our platform

Location Information:

• Approximate location based on IP address

• Precise geolocation (only with your explicit consent)

• Location data when accessing pop-up events or flagship stores

Cookies and Tracking Technologies:

• Essential cookies for site functionality

• Performance and analytics cookies

• Functional cookies for personalization

• Targeting and advertising cookies

• Web beacons, pixels, and similar technologies

• Local storage and session storage

Analytics and Behavioral Data:

• Engagement metrics (clicks, views, interactions)

• Product and content preferences

• Purchase patterns and browsing behavior

• Redemption rates for deals and offers

• Email open rates and click-through rates

• SMS engagement metrics

• Social media engagement and sentiment

• Cultural preferences and trend alignment

1.3 Information from Third-Party Sources

Social Media Platforms:

• Profile information when you connect your social media accounts

• Public posts and interactions mentioning SPLY

• Demographic and interest data from social platforms

Partner Brands and Collaborators:

• Transaction data from partner purchases

• Event attendance through partner platforms

• Product feedback and satisfaction ratings

• Redemption data for collaborative offers

Data Brokers and Analytics Providers:

• Demographic and psychographic data

• Market research and trend data

• Consumer behavior insights

• Cultural affinity and preference data

Public Sources:

• Publicly available information on social media

• Public records where legally permissible

• Industry and market research reports

2. How We Use Your Information

We use the information we collect for various purposes that are essential to providing and improving our services, understanding cultural trends, and creating meaningful experiences.

2.1 Service Delivery and Account Management

• Create and manage your account

• Process membership subscriptions and renewals

• Authenticate your identity and prevent fraud

• Provide customer support and respond to inquiries

• Send transactional emails (order confirmations, account updates)

• Manage your communication preferences

2.2 Transactions and Commerce

• Process purchases and payments

• Fulfill orders and arrange shipping

• Handle returns, exchanges, and refunds (when applicable)

• Manage limited edition drops and exclusive releases

• Facilitate access to member-exclusive deals

• Process ticket sales for events and experiences

2.3 Personalization and User Experience

• Customize content and recommendations based on your preferences

• Remember your settings and preferences

• Provide personalized deals and offers

• Tailor event invitations based on your interests

• Create tiered access experiences for members

• Optimize website performance and functionality

2.4 Communication and Marketing

• Send promotional emails about new products, collaborations, and events

• Deliver SMS alerts for time-sensitive offers and releases

• Share cultural insights, trend reports, and content

• Announce pop-up locations and flagship store openings

• Promote partner brand collaborations

• Send newsletters and community updates

• Conduct surveys and gather feedback

Note: You can opt out of marketing communications at any time through your account settings or by using the unsubscribe link in our emails.

2.5 Analytics, Research, and Cultural Intelligence

This is a core aspect of SPLY's mission and value proposition:

• Cultural Trend Analysis: Analyze behavioral patterns to identify emerging cultural shifts and movements

• Predictive Modeling: Build models that forecast future trends and consumer preferences

• Market Research: Understand market reactions to products, services, and cultural initiatives

• Competitive Intelligence: Generate reports on cultural resonance and market positioning

• Consumer Behavior Insights: Study engagement patterns, purchase behavior, and cultural affinity

• Strategic Consulting: Use aggregated and anonymized data to inform our consulting services for partners

• Product Development: Inform the creation of new experiences, products, and collaborations

• Cultural Storytelling: Develop narratives about cultural impact and trends

• Community Insights: Understand what our community values and desires

• Platform Optimization: Improve the areyouasociated platform and user experience

Important Note on Analytics: While we collect detailed behavioral data, our analytics and reports provided to partners are based on aggregated, anonymized data. We do not sell individual user profiles or personally identifiable information to third parties.

2.6 Event Management and Experiences

• Coordinate pop-up events and flagship store activations

• Manage event capacity and access control

• Facilitate check-in and attendance tracking

• Capture photos and videos for promotional purposes (with consent)

• Ensure event safety and security

• Evaluate event success and gather feedback

2.7 Legal Compliance and Protection

• Comply with legal obligations and regulations

• Enforce our Terms of Service and other policies

• Prevent fraud, abuse, and security threats

• Protect the rights, property, and safety of SPLY, our users, and others

• Respond to legal requests, court orders, and law enforcement

• Resolve disputes and investigate complaints

2.8 Business Operations

• Conduct internal audits and quality assurance

• Perform financial reporting and accounting

• Manage vendor and partner relationships

• Facilitate business transactions (mergers, acquisitions, asset sales)

• Maintain business records and archives

3. Legal Bases for Processing (GDPR)

For users in the European Economic Area (EEA), United Kingdom, and Switzerland, we process your personal data only when we have a valid legal basis:

Consent: When you have given explicit consent for specific processing activities (e.g., marketing communications, precise geolocation, photography at events)

Contractual Necessity: When processing is necessary to fulfill our contract with you (e.g., processing orders, providing membership services)

Legitimate Interests: When we have a legitimate business interest that doesn't override your rights (e.g., analytics for improving services, fraud prevention, network security)

Legal Obligations: When we must process your data to comply with legal requirements (e.g., tax records, responding to legal requests)

Vital Interests: In rare cases, to protect someone's life or health (e.g., medical emergencies at events)

You have the right to object to processing based on legitimate interests. See Section 9 for more details on your rights.

4. How We Share Your Information

We do not sell your personal information to third parties. However, we share information in the following circumstances:

4.1 Service Providers and Vendors

We engage trusted third-party companies to perform services on our behalf:

• Payment Processors: To securely process transactions (e.g., Stripe, PayPal)

• Shipping and Fulfillment: To deliver products to you

• Email Service Providers: To send marketing and transactional emails (e.g., Mailchimp, SendGrid)

• SMS Providers: To deliver text message alerts

• Analytics Platforms: To analyze website and app usage (e.g., Google Analytics)

• Customer Support Tools: To provide efficient customer service

• Cloud Storage Providers: To securely store data (e.g., AWS, Google Cloud)

• Marketing and Advertising Platforms: To deliver targeted ads (e.g., Facebook, Google Ads)

• Event Management Services: To coordinate ticketing and event logistics

These providers are contractually obligated to use your information only for the purposes we specify and to protect your data according to applicable laws.

4.2 Brand Partners and Collaborators

When you engage with partner brands through our platform:

• Transaction Data: When you purchase from or redeem offers from partners, we share necessary information to complete the transaction

• Aggregated Analytics: We provide partners with aggregated, anonymized reports about cultural trends and market reactions

• Event Co-Hosts: When attending co-hosted events, attendance information may be shared with event partners

We do not share your personal contact information with partners without your explicit consent.

4.3 Legal and Regulatory Authorities

We may disclose your information when required by law or when we believe disclosure is necessary to:

• Comply with legal obligations, court orders, or government requests

• Enforce our Terms of Service and other agreements

• Investigate potential violations of our policies

• Detect, prevent, or address fraud, security issues, or technical problems

• Protect the rights, property, or safety of SPLY, our users, or the public

4.4 Business Transfers

If SPLY is involved in a merger, acquisition, asset sale, bankruptcy, or other business transaction, your information may be transferred as part of that transaction. We will notify you via email and/or prominent notice on our website before your information becomes subject to a different privacy policy.

4.5 With Your Consent

We may share your information for purposes not described in this policy when we have your explicit consent to do so.

4.6 Aggregated and Anonymized Data

We may share aggregated, anonymized, or de-identified data that cannot reasonably be used to identify you. This includes:

• Cultural trend reports and market insights

• Statistical analyses of consumer behavior

• Industry benchmarking data

• Public-facing research and publications

5. Cookies and Tracking Technologies

We use cookies, web beacons, pixels, and similar technologies to enhance your experience, analyze usage, and deliver personalized content.

5.1 Types of Cookies We Use

Essential Cookies (Always Active):

Required for core website functionality, including:

• User authentication and security

• Shopping cart and checkout processes

• Load balancing and performance

• Security and fraud prevention

These cookies cannot be disabled without significantly affecting site functionality.

Performance and Analytics Cookies:

• Google Analytics (tracks site usage and performance)

• Heatmap tools (understand user interactions)

• A/B testing platforms (optimize user experience)

• Error tracking and debugging tools

Functional Cookies:

• Language and regional preferences

• User interface customization

• Video player settings

• Accessibility features

Targeting and Advertising Cookies:

• Facebook Pixel (retargeting and ad measurement)

• Google Ads (conversion tracking and remarketing)

• Social media platform cookies

• Affiliate marketing tracking

• Email campaign tracking

5.2 Managing Cookie Preferences

Cookie Consent Banner: On your first visit, you'll see a cookie banner allowing you to accept or customize your preferences.

Cookie Settings: You can change your preferences anytime through the Cookie Settings tool in our website footer.

Browser Settings: Most browsers allow you to:

• Block all cookies

• Block third-party cookies only

• Delete cookies after each browsing session

• Receive notifications when cookies are set

Note: Disabling certain cookies may limit website functionality and personalization.

5.3 Do Not Track Signals

Some browsers offer a "Do Not Track" (DNT) signal. Currently, there is no industry-wide standard for responding to DNT signals. We do not respond to DNT signals at this time but will update this policy if standards are established.

5.4 Third-Party Analytics and Advertising

We use third-party services that may collect information about your online activities over time and across different websites:

• Facebook Pixel: Manage ad preferences in your Facebook settings

• Interest-Based Advertising: Opt out via DAA or NAI

6. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

Active Accounts: We retain your information while your account is active and as needed to provide services.

Inactive Accounts: If you don't log in for 3 years, we may delete or anonymize your data after providing notice.

Transaction Records: Purchase and financial records are retained for 7 years to comply with tax and accounting regulations.

Marketing Data: If you unsubscribe from marketing communications, we retain your email address to honor your opt-out preference.

Legal Holds: We may retain information longer when required by law, to resolve disputes, or enforce agreements.

Aggregated Data: Anonymized and aggregated data may be retained indefinitely for research and analytics.

Account Deletion: When you delete your account, we will:

• Delete or anonymize your personal information within 30 days

• Retain certain information as legally required

• Maintain anonymized data for analytics

• Preserve information necessary for unresolved disputes or legal claims

7. Data Security & Report Integrity

We implement robust technical, administrative, and physical safeguards to protect your information from unauthorized access, disclosure, alteration, and destruction.

Our Cultural Intelligence Reports contain aggregated data only—no individual information is ever included or identifiable.

When you participate in areyouasociated research surveys, your responses are combined with hundreds or thousands of other participants to identify cultural patterns, trends, and insights. We analyze collective behavior and sentiment, not individual identities.

What this means:

• No personal identifiers: Names, emails, phone numbers, and account information are never included in our reports.

• Aggregated insights only: Reports showcase trends across demographics, regions, and cultural segments—not individual responses.

• Anonymous by design: Even internally, survey data is processed to reveal patterns, not to track or profile individuals.

• Commercial intelligence, not personal data: Brands receive strategic cultural insights and forecasting, never access to participant information.

Your privacy is foundational to our research integrity. THE ASOCIATED provides the cultural intelligence; we provide the analysis. What brands purchase is the collective wisdom of a culturally tapped-in community—delivered as actionable insights, never as individual data.

When you see a Cultural Intelligence Report, you're seeing the pulse of culture, not the people behind it.

7.1 Technical Security Measures

• Encryption: All data transmitted between your device and our servers is encrypted using TLS/SSL protocols

• Database Encryption: Sensitive data is encrypted at rest

• Access Controls: Role-based access restrictions limit employee access to personal data

• Authentication: Multi-factor authentication for administrative access

• Security Monitoring: Continuous monitoring for suspicious activity and threats

• Vulnerability Management: Regular security assessments and penetration testing

• Secure Development: Security best practices in code development and deployment

7.2 Payment Security

We do not store complete credit card information on our servers. Payment processing is handled by PCI DSS-compliant third-party processors (e.g., Stripe, PayPal) that specialize in secure financial transactions.

7.3 Organizational Security

• Employee Training: Regular security awareness training for all staff

• Confidentiality Agreements: All employees and contractors sign confidentiality agreements

• Incident Response: Established procedures for responding to data breaches

• Vendor Management: Security assessments of third-party service providers

7.4 Limitations

No method of transmission or storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials.

If you suspect unauthorized access to your account, contact us immediately at support@splyconcepts.com

8. International Data Transfers

SPLY CONCEPTS is based in Chicago, Illinois, United States. If you access our services from outside the United States, your information may be transferred to, stored in, and processed in the United States or other countries where we or our service providers operate.

8.1 For EEA, UK, and Swiss Users

When we transfer your personal data outside the EEA, UK, or Switzerland, we ensure appropriate safeguards are in place:

Standard Contractual Clauses (SCCs): We use SCCs approved by the European Commission to govern data transfers.

Adequacy Decisions: We may transfer data to countries deemed to provide adequate protection by the European Commission.

Explicit Consent: In some cases, we may obtain your explicit consent for specific transfers.

Necessity for Contract Performance: Transfers may be necessary to fulfill our contract with you.

You have the right to obtain information about the safeguards we use and, where applicable, obtain a copy of the relevant documents. Contact support@splyconcepts.com for more information.

9. Your Privacy Rights

Depending on your location, you may have specific rights regarding your personal information.

9.1 Rights for All Users

Access: Request access to the personal information we hold about you.

Correction: Request correction of inaccurate or incomplete information.

Deletion: Request deletion of your personal information, subject to legal obligations.

Communication Preferences: Opt out of marketing communications at any time.

Account Management: Update your account information and preferences.

9.2 Additional Rights for EEA, UK, and Swiss Users (GDPR)

Right to Access: Request a copy of your personal data in a structured, commonly used format.

Right to Rectification: Correct inaccurate or incomplete personal data.

Right to Erasure ("Right to be Forgotten"): Request deletion of your personal data when:

• It's no longer necessary for the purposes collected

• You withdraw consent and there's no other legal basis

• You object to processing and there are no overriding legitimate grounds

• Your data has been unlawfully processed

• It must be erased to comply with legal obligations

Right to Restriction: Request restriction of processing when:

• You contest the accuracy of your data

• Processing is unlawful but you oppose erasure

• We no longer need the data but you need it for legal claims

• You've objected to processing pending verification

Right to Data Portability: Receive your data in a machine-readable format and transmit it to another controller.

Right to Object: Object to processing based on legitimate interests, including profiling for direct marketing purposes.

Right to Withdraw Consent: Withdraw consent at any time for processing based on consent (without affecting prior lawful processing).

Right to Lodge a Complaint: File a complaint with your local data protection authority:

• EU: Find your authority at https://edpb.europa.eu

• UK: Information Commissioner's Office (ICO) - https://ico.org.uk

• Switzerland: Federal Data Protection and Information Commissioner (FDPIC)

Automated Decision-Making: You have the right not to be subject to decisions based solely on automated processing, including profiling, that produce legal or similarly significant effects. We do not currently engage in automated decision-making that produces such effects.

9.3 Rights for California Residents (CCPA/CPRA)

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have the following rights:

Right to Know: Request information about:

• Categories of personal information collected

• Categories of sources from which information is collected

• Business or commercial purposes for collecting or selling information

• Categories of third parties with whom we share information

• Specific pieces of personal information we've collected about you

Right to Delete: Request deletion of your personal information, subject to certain exceptions.

Right to Correct: Request correction of inaccurate personal information.

Right to Opt-Out of Sale or Sharing: While we do not "sell" personal information in the traditional sense, you may opt out of the "sharing" of information for targeted advertising purposes.

Right to Limit Use of Sensitive Personal Information: Request limits on the use and disclosure of sensitive personal information (we do not collect sensitive personal information beyond what's necessary for our services).

Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights, including:

• Denying goods or services

• Charging different prices or rates

• Providing different quality of services

• Suggesting you'll receive different prices or quality of services

Authorized Agents: You may designate an authorized agent to make requests on your behalf. We will require verification of the agent's authority.

Shine the Light Law: California residents may request information about our disclosure of personal information to third parties for direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes without your consent.

9.4 How to Exercise Your Rights

To exercise any of these rights, you may:

Email: support@splyconcepts.com

9.5 Verification Process

To protect your privacy, we must verify your identity before fulfilling requests. We may:

• Request information to match against our records

• Send verification emails or SMS codes

• Request government-issued identification for sensitive requests

• Contact you through previously verified communication channels

We will respond to verified requests within:

• GDPR: 30 days (extendable to 60 days for complex requests)

• CCPA: 45 days (extendable to 90 days for complex requests)

If we cannot verify your identity, we may deny the request and will explain the reason.

10. Children's Privacy (COPPA Compliance)

SPLY CONCEPTS does not knowingly collect personal information from children under the age of 13. Our services are not directed to children under 13.

If you are under 13: Do not use our services, create an account, make purchases, or provide any personal information.

If you are between 13 and 17: You may only use our services with the consent and supervision of a parent or legal guardian who agrees to be bound by our Terms of Service and this Privacy Policy.

If we learn we have collected information from a child under 13: We will delete that information as quickly as possible. If you believe we have inadvertently collected information from a child under 13, please contact us immediately at support@splyconcepts.com.

Parents and Guardians: If you believe your child has provided personal information to us, contact us and we will:

• Verify your relationship to the child

• Delete the child's information

• Terminate the child's account

11. California Minors' Privacy

If you are a California resident under 18 and have registered for an account, you may request removal of content or information you publicly posted. To request removal, contact support@splyconcepts.com with "California Minor Content Removal" in the subject line.

Please note:

• Removal does not ensure complete deletion (e.g., content shared by others)

• We may retain certain information as legally required

• Some content may remain in backup systems

12. Marketing Communications and Opt-Out

We send marketing communications through multiple channels. You can control your preferences for each:

12.1 Email Marketing

Unsubscribe: Click the "Unsubscribe" link at the bottom of any marketing email or adjust preferences in your account settings.

Transactional Emails: You cannot opt out of transactional emails (order confirmations, account security alerts) as they are necessary for service delivery.

12.2 SMS Marketing

Opt-Out: Reply "STOP" to any marketing SMS to unsubscribe.

Help: Reply "HELP" for assistance.

Message Frequency: Varies based on promotions and events. Message and data rates may apply.

12.3 Push Notifications

Mobile App: Manage push notification preferences in your device settings or app settings.

Browser Notifications: Adjust browser notification permissions in your browser settings.

12.4 Social Media

Targeted Ads: Adjust your social media advertising preferences:

• Facebook: Ad Preferences in your Facebook settings

• Instagram: Ad settings in your Instagram account

• Twitter/X: Privacy and safety settings

12.5 Direct Mail

If you receive physical mail from us and wish to opt out, contact support@splyconcepts.com with your mailing address.

12.6 Timeframe

Please allow up to 10 business days for opt-out requests to be processed. You may receive communications that were already in progress.

13. Third-Party Websites and Services

Our website and services may contain links to third-party websites, applications, or services that are not owned or controlled by SPLY CONCEPTS.

We are not responsible for the privacy practices of third parties. When you leave our website or interact with third-party services, you are subject to their privacy policies and terms of service.

We encourage you to read the privacy policies of any third-party services you interact with.

Examples of third-party services you may encounter:

• Partner brand websites when redeeming deals

• Social media platforms when sharing content

• Payment processors during checkout

• Event ticketing platforms

• Shipping and logistics providers

14. Social Media Features

Our website includes social media features, such as:

• Share buttons (Facebook, Twitter, Instagram)

• Social media plugins and widgets

• Embedded social media feeds

These features may:

• Collect your IP address and page activity

• Set cookies to enable proper functionality

• Track your interactions with social features

Interactions with social features are governed by the privacy policies of the respective social media companies.

15. User-Generated Content and Public Forums

When you post content in public areas of our platform (reviews, comments, community forums, social media), that information becomes publicly available.

Be cautious about what you share publicly:

• Do not include personal information (addresses, phone numbers)

• Content may be visible to search engines

• Other users may copy, share, or redistribute your content

• We cannot control how others use publicly shared information

We reserve the right to:

• Remove content that violates our Terms of Service

• Moderate and edit public content

• Use user-generated content in marketing (as licensed in our Terms)

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or business operations.

We will notify you of material changes by:

• Posting the updated policy on our website

• Updating the "Last Updated" date at the top

• Sending an email notification to your registered email address

• Displaying a prominent notice on our website or app

Your continued use of our services after the effective date of the updated policy constitutes your acceptance of the changes.

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.

For significant changes that affect your rights, we may request your explicit consent before the changes take effect.

17. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

SPLY CONCEPTS

Email: support@splyconcepts.com

• Data Protection Officer

• Security Concerns

• General Support

Privacy Rights Requests: For access, deletion, correction, or other privacy rights requests, use our dedicated form email support@splyconcepts.com.

18. Data Protection Officer (DPO)

For users in the European Economic Area, United Kingdom, and Switzerland, we have designated a Data Protection Officer to oversee our GDPR compliance and handle data protection matters.

Contact our DPO:

Email: support@splyconcepts.com

You may contact our DPO with questions about:

• How we process your personal data

• Your rights under GDPR

• Data protection concerns or complaints

• Data transfers outside the EEA

• Our legal bases for processing

19. Supervisory Authority Contact Information

If you are located in the EEA, UK, or Switzerland and believe we have violated your data protection rights, you have the right to lodge a complaint with your local supervisory authority:

European Union: Find your Data Protection Authority at https://edpb.europa.eu/about-edpb/about-edpb/members_en

United Kingdom:

Information Commissioner's Office (ICO)

Website: https://ico.org.uk

Phone: 0303 123 1113

Switzerland:

Federal Data Protection and Information Commissioner (FDPIC)

Website: https://www.edoeb.admin.ch

20. Accessibility

We are committed to ensuring this Privacy Policy is accessible to all users. If you have difficulty accessing or understanding this policy due to a disability, please contact us at support@splyconcepts.com and we will provide the information in an alternative format.

21. Definitions

To help you understand this Privacy Policy, here are definitions of key terms:

Personal Information/Personal Data: Information that identifies, relates to, describes, or could reasonably be linked to you.

Processing: Any operation performed on personal data, including collection, storage, use, disclosure, and deletion.

Data Controller: The entity that determines the purposes and means of processing personal data. SPLY CONCEPTS is the data controller for information collected through our services.

Data Processor: An entity that processes personal data on behalf of the data controller.

Third Party: Any person or entity that is not you or SPLY CONCEPTS.

Cookies: Small text files stored on your device by websites you visit.

Aggregated Data: Data combined from multiple sources that does not identify individuals.

Anonymized Data: Data that has been processed to remove all identifying information and cannot reasonably be used to identify individuals.

Consent: Freely given, specific, informed, and unambiguous indication of your wishes.

GDPR: General Data Protection Regulation, the primary data protection law in the European Union.

CCPA: California Consumer Privacy Act, a California state law providing privacy rights to California residents.

CPRA: California Privacy Rights Act, which expands and modifies CCPA.

COPPA: Children's Online Privacy Protection Act, a U.S. federal law protecting children's online privacy.

Thank you for trusting SPLY CONCEPTS with your information. We are committed to protecting your privacy and providing transparency about our data practices. Together, we're shaping culture while respecting your fundamental right to privacy.

22. Privacy Policy Review and Audit

This Privacy Policy has been designed to be comprehensive and compliant with major privacy regulations. However, no privacy policy can be completely "bulletproof" as:

• Laws evolve: Privacy regulations are continuously updated and new laws emerge in different jurisdictions

• Business practices change: As our services evolve, new data processing activities may require policy updates

• Enforcement varies: Different regulatory bodies may interpret similar provisions differently

• Jurisdictional differences: What complies in one region may not fully satisfy requirements in another

To maintain the strongest privacy protection:

• We conduct regular internal privacy audits

• We engage external legal counsel to review our privacy practices

• We monitor regulatory changes and emerging privacy standards

• We update this policy promptly when our practices change

• We maintain detailed internal documentation of our data processing activities

• We implement Privacy by Design principles in new features and services

• We conduct Data Protection Impact Assessments (DPIAs) for high-risk processing

Areas requiring ongoing attention:

• International data transfers: Compliance mechanisms like Standard Contractual Clauses require regular review

• AI and automated processing: Emerging regulations around algorithmic decision-making

• Third-party vendor compliance: Regular audits of service providers' data practices

• Emerging technologies: New features may create novel privacy considerations

• State-specific laws: Multiple U.S. states are enacting comprehensive privacy laws

Recommended actions for continued compliance:

• Quarterly review of this Privacy Policy by legal counsel

• Annual comprehensive privacy audit by external experts

• Regular training for employees handling personal data

• Incident response plan testing and updates

• Monitoring of regulatory guidance and enforcement actions

If you identify any gaps, concerns, or areas for improvement in our privacy practices, please contact our Data Protection team immediately at support@splyconcepts.com.

23.1 Biometric Data Processing

If we collect or process biometric data (facial recognition, fingerprints, voiceprints), we will:

• Obtain explicit written consent before collecting biometric identifiers

• Provide clear disclosure of the specific purpose and duration of collection

• Implement heightened security measures for biometric data storage

• Delete biometric data within 3 years or upon request, whichever comes first

• Never sell or profit from biometric data

23.2 Sensitive Personal Information

Definition: Sensitive personal information includes data revealing racial/ethnic origin, political opinions, religious beliefs, health data, sexual orientation, genetic data, and precise geolocation.

Our commitment:

• We minimize collection of sensitive personal information

• We obtain explicit consent before processing sensitive data

• We provide opt-out mechanisms for sensitive data processing

• We implement additional security controls for sensitive data

• We limit access to sensitive data to authorized personnel only

23.3 Automated Decision-Making and Profiling

When we use automated systems to make decisions that significantly affect you:

• Right to explanation: You can request information about the logic involved in automated decisions

• Right to human review: You can request human intervention in automated decisions

• Right to contest: You can challenge automated decisions and express your point of view

• Transparency: We will inform you when automated decision-making is used

• Fairness: We implement measures to prevent discriminatory outcomes

23.4 Data Breach Notification Timeline

In the event of a data breach involving your personal information:

• Within 72 hours: We will notify applicable supervisory authorities (GDPR requirement)

• Without undue delay: We will notify affected individuals if there is high risk to their rights and freedoms

• Notification will include: Nature of breach, categories and approximate number of affected individuals, likely consequences, measures taken, and contact information for our DPO

• We maintain detailed records of all data breaches for regulatory compliance

23.5 Data Protection Impact Assessments (DPIA)

We conduct DPIAs before implementing processing operations that present high risk to your rights, including:

• Systematic and extensive profiling with significant effects

• Large-scale processing of sensitive personal information

• Systematic monitoring of public areas on a large scale

• Use of new technologies that may present privacy risks

DPIA results inform our risk mitigation strategies and privacy safeguards.

23.6 Privacy by Design and Default

We implement Privacy by Design principles in all our systems and services:

• Proactive not reactive: Privacy measures are built in from the start

• Privacy as default: Maximum privacy settings are applied automatically

• Privacy embedded into design: Not added as an afterthought

• Full functionality: Privacy protections do not compromise functionality

• End-to-end security: Data is protected throughout its lifecycle

• Visibility and transparency: Our practices are open and verifiable

• User-centric: Your privacy interests are prioritized

23.7 Specific State Law Compliance

Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA):

• Right to access, correct, delete, and obtain a copy of your personal data

• Right to opt out of targeted advertising and sale of personal data

• Right to opt out of profiling in furtherance of decisions with legal or similarly significant effects

• Right to appeal our decision regarding your privacy rights request

23.8 Cross-Border Data Transfer Mechanisms

Specific safeguards for international data transfers:

• Standard Contractual Clauses (SCCs): We use EU Commission-approved SCCs with data processors

• Adequacy decisions: We transfer to countries recognized as providing adequate protection

• Binding Corporate Rules: We may implement BCRs for intra-company transfers

• Supplementary measures: We implement additional technical and organizational safeguards

• Transfer impact assessments: We assess risks associated with specific data transfers

23.9 Employee and Contractor Data Processing

All employees and contractors who access personal data must:

• Sign confidentiality agreements

• Complete privacy and security training

• Access personal data only on a need-to-know basis

• Follow our data handling and security procedures

• Report suspected breaches immediately

23.10 Records of Processing Activities

We maintain comprehensive records of all processing activities, including:

• Purposes of processing

• Categories of data subjects and personal data

• Categories of recipients of personal data

• International data transfers and safeguards

• Retention periods

• Technical and organizational security measures

23.11 Marketing Communications - Enhanced Controls

Additional marketing opt-out options:

• Granular preferences: Choose specific types of marketing communications you wish to receive

• Frequency controls: Set how often you receive marketing messages

• One-click unsubscribe: Every marketing email includes a clear unsubscribe link

• Do Not Sell My Personal Information: Explicit opt-out for data sales under CCPA/CPRA

• Suppression lists: We maintain suppression lists to honor opt-out requests

23.12 Geolocation Data - Specific Protections

If we collect precise geolocation data:

• We obtain explicit consent before collecting location data

• We provide clear notice of what location data is collected and why

• We offer easy-to-use controls to disable location tracking

• We do not share precise geolocation with third parties without consent

• We delete or anonymize location data when no longer needed

23.13 Social Media Integration

When you connect social media accounts or use social login:

• We clearly disclose what data we receive from social media platforms

• We explain how we use social media data

• You can disconnect social media integrations at any time

• Social media platforms' own privacy policies govern data they collect

• We do not post to your social media without your permission

23.14 Age Verification and Teen Privacy

For users aged 13-17 (where permitted):

• We require parental consent for certain data processing activities

• We limit data collection to what is necessary for service provision

• We do not use teen data for targeted advertising without consent

• We implement age-appropriate privacy protections

• Parents/guardians can review and request deletion of teen data

23.15 Vendor Management and Third-Party Oversight

Our third-party vendor management process includes:

• Privacy and security due diligence before engagement

• Data processing agreements with all vendors handling personal data

• Regular audits of vendor compliance with privacy obligations

• Immediate termination rights if vendors violate privacy terms

• Vendor data breach notification requirements

• Annual vendor privacy assessments

23.16 Privacy Rights Request Verification

To protect your privacy when processing rights requests, we:

• Verify your identity using at least two data points

• May request additional information to confirm identity for sensitive requests

• Accept requests from authorized agents with proper documentation

• Will not discriminate against you for exercising privacy rights

• Maintain records of all privacy rights requests and responses

23.17 Data Minimization Commitment

We are committed to collecting only the minimum personal data necessary:

• We regularly review data collection practices to eliminate unnecessary data

• We implement "data diets" to reduce data footprint

• We question whether each data element is truly necessary

• We prefer aggregated and anonymized data when possible

• We design features to function with minimal personal data

23.18 Transparency Reports

We publish annual transparency reports that include:

• Number and types of privacy rights requests received and fulfilled

• Government and law enforcement data requests

• Data breaches and incidents (if any)

• Updates to our privacy practices and policies

• Privacy audit findings and improvements implemented

23.19 Privacy Training and Culture

We foster a privacy-first culture through:

• Mandatory annual privacy training for all employees

• Specialized training for employees handling personal data

• Privacy champions in each department

• Regular privacy awareness campaigns

• Privacy considerations in performance reviews

23.20 Emerging Privacy Laws Compliance

We actively monitor and prepare for emerging privacy regulations:

• State laws: Florida, Texas, Oregon, Montana, and other states considering privacy legislation

• International laws: Brazil (LGPD), China (PIPL), Canada (PIPEDA), Australia (Privacy Act)

• Sector-specific regulations: Healthcare (HIPAA), financial services (GLBA), telecommunications

• We update this policy promptly when new laws affect our operations

While we strive for the highest level of privacy protection, no privacy policy can be completely bulletproof due to evolving laws, business practices, and technological changes. This policy represents our current best practices and commitment to privacy excellence. We welcome feedback and continuously improve our privacy program.

DMCA Policy

SPLY CONCEPTS and the areyouasociated platform ("SPLY CONCEPTS," "us," "we" or "our") has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). The address of our designated agent to receive notification of infringement ("Designated Agent") is listed at the end of this policy.

It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.

How to Report Copyright Infringement

If you believe that material or content residing on or accessible through the SPLY CONCEPTS website or areyouasociated platform (the "Platform") infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2. Identification of work or material allegedly being infringed;

3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

4. Contact information for the copyright owner including address, telephone number and, if available, email address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;

5. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon Notification to the Designated Agent

It is our policy:

1. to remove or disable access to the infringing material;

2. to notify the user that we have removed or disabled access to the material; and

3. that repeat offenders will have the infringing material removed from the system and that we will terminate such user's access to the Platform.

Counter-Notice by Content Provider

If the user believes that the material that was removed or to which access was disabled is either not infringing, or the user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the user must send a counter-notice containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of the user;

2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;

3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

4. User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which SPLY CONCEPTS is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced, or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.

Contact Information

Please contact our Designated Agent at the following address:

Attn: DMCA Designated Agent

Via email: support@splyconcepts.com

You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.

What should I be aware of when accessing the Website?

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or lawfully control.

This Website is directed at people residing in the United States of America, and is not intended to subject SPLY Concepts to the laws or jurisdiction of any other country or territory. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the USA, you do so at your own risk.

There is no charge to access and browse the Website and Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website and Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Can I link to the Website?

You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

• Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

• Establish a link to our Website in any website that is not owned by you.

• Frame our Website on any other website or create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact us through our official channels.

What am I prohibited from doing?

You may use our Website only for lawful purposes. You may not use our Website:

• In any way that breaches any applicable state or federal law or regulation, or these Terms of Use.

• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service.

• Copy (except as expressly permitted by these Terms of Use) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any).

• In any manner not specifically authorized hereunder.

What about viruses?

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not:

• Misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

• Attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.

• Attack our Website via a denial-of-service attack or a distributed denial-of-service attack.

We may report any such prohibited activities to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such activities, your right to use our Website will cease immediately.

What about third party links and resources in the Website?

The Website and Service may contain links to other sites, and content and resources provided by third parties (collectively, "Third Party Materials"). These Third Party Materials are provided for your information only. SPLY Concepts and areyouasociated do not investigate or monitor Third Party Materials, and therefore are not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Materials. When you use a link to go from our Website to a third party website, these Terms of Use and our Privacy Policy is no longer in effect. We encourage users to read and consider the policies of these other websites before using them.

What about intellectual property rights and using material on this Website?

You may not use content on our Website for commercial purposes without obtaining a license to do so from us or from our licensors. We reserve the right to prohibit any person from using this Website for any reason whatsoever. SPLY Concepts, or its affiliates, licensors or content providers, retain full and complete right, title and interest to the material provided on the Website, including the Website Content and all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our and/or our affiliates' sole discretion. SPLY Concepts neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with us or our affiliates.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. SPLY Concepts reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which SPLY Concepts may be entitled, at law or in equity.

Trademarks, logos and service marks displayed on this Website are registered and/or unregistered trademarks of SPLY Concepts, areyouasociated, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Can I rely on information on the Website?

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, up-to-date or free from errors or omissions.

The views expressed by other users on our Website do not represent our views or values.

WE DISCLAIM ALL WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SPLY CONCEPTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLY CONCEPTS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. SPLY CONCEPTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE LIMIT OUR LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPLY CONCEPTS NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, SPLY CONCEPTS' REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPLY CONCEPTS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SPLY CONCEPTS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL SPLY CONCEPTS' AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID SPLY CONCEPTS FOR ANY PRODUCT, THE AMOUNT OF $25.00 U.S. DOLLARS. YOU AND SPLY CONCEPTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You Agree to Indemnify Us For Violating These Terms of Use

You agree to indemnify, defend and hold harmless SPLY Concepts and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption. SPLY Concepts reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with SPLY Concepts in the defense of such matter.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of the United States and the State of Illinois, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in Chicago, Illinois for any action arising out of or relating to these Terms of Use.

Class Action Waiver

Both you and SPLY Concepts waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the this Website or products purchased through this Website (collectively the "Dispute(s)") as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the Class Action Waiver.")

As limited exceptions to the Class Action Waiver:

1. you may seek to resolve a Dispute in small claims court if it qualifies; and

2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

Forum Selection/Jurisdiction

Jurisdiction and venue for any dispute shall be in Chicago, Illinois. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

Agreement to Pre-Arbitration Notification

These Terms of Use provide for final, binding arbitration of all disputed claims (discussed immediately below). SPLY Concepts and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a Dispute, the claimant whether you or SPLY Concepts shall send a letter to the other side briefly summarizing the claim and the request for relief. If SPLY Concepts is the claimant, the letter shall be sent, via email, to the email account you have provided. If you are the claimant, the letter shall be sent to SPLY Concepts at our designated legal contact address. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Agreement to Arbitrate Claims

Except to the limited extent noted below, any controversy, claim or Dispute arising out of or relating in any way to your use of this Website, and/or your Account, or products purchased through this Website, shall be resolved by final and binding arbitration between you and SPLY Concepts.

The arbitration shall take place in Chicago, Illinois in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone or videoconference hearing. In no event shall the parties be required to travel to participate in the arbitration.

If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, SPLY Concepts will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, SPLY Concepts will also reimburse you for the $125 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of SPLY Concepts' last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then SPLY Concepts will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and SPLY Concepts waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary:

1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law.

2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate.

3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.

Data Collection and Usage

By accessing and using this Website, you acknowledge and agree that SPLY Concepts and areyouasociated collect, analyze, and utilize data related to user behavior, cultural trends, and consumer interactions. This data collection is fundamental to our business operations, which include cultural research, predictive analytics, trend forecasting, and the development of SPLY Intelligence Reports.

You expressly consent to SPLY Concepts and areyouasociated:

1. Collecting data regarding your interactions with the Website, including but not limited to browsing patterns, engagement metrics, and behavioral data;

2. Analyzing such data to identify cultural trends, consumer preferences, and emerging market dynamics;

3. Utilizing aggregated and anonymized data in research reports, analytics products, and consulting services provided to third-party clients and partners;

4. Incorporating insights derived from user data into our proprietary analytics platform, areyouasociated, for the purpose of predictive modeling and cultural forecasting;

5. Sharing anonymized, aggregated data with strategic partners, collaborators, and clients as part of our consulting and analytics services.

This data collection and usage is essential to SPLY Concepts' mission to question and shape culture through research-driven insights and predictive analytics.

Intellectual Property Rights in User-Generated Data and Insights

You acknowledge that any data, insights, or cultural intelligence derived from your use of this Website, whether individually or in aggregate form, shall be the exclusive property of SPLY Concepts and areyouasociated. This includes, but is not limited to, behavioral patterns, trend data, and any analysis or reports generated from such information. You hereby assign all rights, title, and interest in such derived data and insights to SPLY Concepts and areyouasociated in perpetuity.

Commercial Use of Collected Data

SPLY Concepts and areyouasociated reserve the right to commercialize data and insights collected through this Website by incorporating such information into consulting services, analytics reports, cultural forecasting products, and strategic advisory offerings provided to third parties. This may include, but is not limited to, SPLY Intelligence Reports, competitive analysis, predictive modeling, and cultural impact narratives. By using this Website, you consent to such commercial use of data derived from your interactions.

No Compensation for Data Contributions

You acknowledge and agree that you are not entitled to any compensation, royalties, or other payments for any data collected from your use of this Website or for any insights, reports, or products derived therefrom, even if such data or insights are subsequently commercialized by SPLY Concepts or areyouasociated.

Proprietary Analytics and Forecasting Methods

The methodologies, algorithms, analytical frameworks, and forecasting models employed by SPLY Concepts and areyouasociated, including those used in the areyouasociated analytics platform, constitute proprietary trade secrets and confidential business information. You agree not to reverse engineer, replicate, or otherwise attempt to derive or recreate our analytical methods, predictive models, or forecasting techniques.

Third-Party Data Sharing and Partnerships

SPLY Concepts and areyouasociated may share aggregated, anonymized data with strategic partners, collaborators, clients, and other third parties for the purposes of cultural research, market analysis, and strategic consulting. Such data sharing is integral to our business model and service offerings. By using this Website, you consent to such data sharing practices.

Cultural Research Participation

By accessing this Website, you may be participating in ongoing cultural research conducted by SPLY Concepts and areyouasociated. This research may involve the analysis of user behavior, cultural preferences, and engagement patterns. You consent to such participation and acknowledge that findings from this research may be used in consulting services, published reports, and other commercial applications without attribution or compensation to individual users.

SPLY Intelligence Reports: Subscription Terms and Access Rights

By purchasing access to SPLY Intelligence Reports, or any intelligence deliverables provided through the areyouasociated platform, you acknowledge and agree to the following terms governing access, use, and proprietary rights:

Subscription-Based Access and Licensing

Access to SPLY Intelligence Reports is provided on a subscription basis and constitutes a limited, non-exclusive, non-transferable license to view and utilize the intelligence materials solely for internal business purposes within your organization. This license is revocable and subject to the terms outlined herein and in your subscription agreement.

Right to Deny, Suspend, or Terminate Access

SPLY Concepts and areyouasociated reserve the absolute right, at our sole discretion and without prior notice, to:

1. Deny initial access to any individual or organization seeking to purchase intelligence reports or subscribe to our analytics services;

2. Suspend or terminate existing subscriptions and revoke access to intelligence materials at any time;

3. Refuse to renew subscriptions upon expiration;

4. Limit the scope, frequency, or depth of intelligence deliverables provided to any subscriber;

5. Deny access to specific reports, forecasts, or analytical products on a case-by-case basis.

Such denial, suspension, or termination may occur for any reason, including but not limited to:

• Misuse of intelligence materials, including unauthorized sharing, distribution, or disclosure to third parties;

• Use of intelligence reports in ways that contradict SPLY Concepts' mission, values, or ethical standards;

• Failure to maintain strategic alignment with SPLY Concepts' cultural positioning and authenticity requirements;

• Breach of confidentiality obligations or proprietary protections;

• Competitive conflicts of interest as determined by SPLY Concepts;

• Non-payment or late payment of subscription fees;

• Any conduct that SPLY Concepts deems inappropriate, harmful, or inconsistent with the intended use of our intelligence services.

No Refunds Upon Access Denial or Termination

In the event that SPLY Concepts denies, suspends, or terminates your access to intelligence reports, you acknowledge that no refunds will be provided for any fees already paid, whether for monthly subscriptions, annual subscriptions, or individual report purchases. Upon termination, your right to access intelligence materials ceases immediately, and you must discontinue all use of previously accessed reports.

Confidentiality and Prohibited Uses of Intelligence Materials

All SPLY Intelligence Reports, predictive models, analytical frameworks, and related intelligence deliverables are confidential and proprietary to SPLY Concepts and areyouasociated. You expressly agree that you will not:

1. Share, distribute, reproduce, or disclose any intelligence materials to individuals or entities outside your organization without express written permission from SPLY Concepts;

2. Use intelligence reports for purposes that compete with or undermine SPLY Concepts' business interests;

3. Reverse engineer, replicate, or attempt to recreate SPLY Concepts' analytical methodologies, forecasting models, or cultural intelligence systems;

4. Publicly disclose, publish, or present intelligence findings, insights, or data without prior written authorization and proper attribution;

5. Use intelligence materials in ways that misrepresent SPLY Concepts' findings, conclusions, or cultural positioning.

Proprietary Intelligence and Trade Secrets

You acknowledge that SPLY Intelligence Reports and the underlying methodologies, data sources, analytical processes, and forecasting algorithms constitute valuable trade secrets and proprietary business information of SPLY Concepts and areyouasociated. Unauthorized use, disclosure, or dissemination of such materials may result in immediate termination of access, legal action, and liability for damages.

No Guaranteed Accuracy or Results

While SPLY Concepts employs rigorous research methodologies and advanced predictive analytics, we do not guarantee the accuracy, completeness, or applicability of any intelligence report to your specific business circumstances. Intelligence reports are provided for informational and strategic planning purposes only. You are solely responsible for any business decisions made based on intelligence materials, and SPLY Concepts assumes no liability for outcomes resulting from your use of such materials.

Updates and Modifications to Intelligence Access Terms

SPLY Concepts reserves the right to modify the terms governing access to intelligence reports at any time. Subscribers will be notified of material changes, and continued access to intelligence materials after such notification constitutes acceptance of the modified terms.

Strategic Alignment Review

SPLY Concepts may periodically conduct strategic alignment reviews to ensure that subscribers continue to meet our standards for cultural integrity, ethical use of intelligence, and alignment with our mission. Failure to meet these standards may result in non-renewal or termination of access as outlined above.