Last revised: April 4, 2023

INTRODUCTION

At Tholos Inc. we are committed to protecting your privacy. This Privacy Policy covers how Tholos collects, receives, uses, retains, and discloses Personal Information on Tholos's website and/or platform.

Tholos Inc. ("Tholos", "us", "we", or "our") operates Tholos mobile applications (the "App"), website https://www.tholos.app/ (the "Site"), any other website, web application or mobile application that we own or control and which posts or links to this Privacy Policy now existing or implemented in the future (the "Services"). This Privacy Policy covers all Personal Information collected by Tholos through Services.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download App, register with, or use any part of Site or Services. By submitting information through App, Site or in connection with Services, you agree to terms of this Privacy Policy and you expressly consent to processing of your Personal Information in accordance with this Privacy Policy. We will review this policy regularly, and we may update it from time to time. This Privacy Policy is incorporated into and subject to our Terms of Use.

This Privacy Policy also explains how we process 'personal data' about people in European Economic Area ("EEA"), United Kingdom ("UK") or Switzerland, as required under to General Data Protection Regulation ("GDPR"). For people in California, we have also prepared a Supplemental Privacy Statement for California Consumers under CCPA ("California Statement") in compliance with California Consumer Privacy Act of 2018 ("CCPA"). Please review our California Statement attached below for more information.

1. When We Collect Personal Information.

When you download App or visit Site, you are free to view Site and App without providing any Personal Information. In order to register to use App or Site, you will be required to provide certain Personal Information about yourself. Each time you visit App and login, we request that you provide Personal information about yourself, and we may collect Navigational Information on our Site and App.

2. Definitions.

2.1 Data or Personal Information - Personal Information means Individually Identifiable Information about a Data Subject.

2.2 Usage Data - Usage Data is data collected automatically either generated by use of App or Site or from App's or Site's infrastructure itself (for example, duration of a page visit).

2.3 Cookies - Cookies are small pieces of data stored on your device (computer or mobile device).

2.4 Data Controller - Data Controller means person who (either alone or jointly or in common with other persons) determines purposes for which and the manner in which any personal information are, or are to be, processed.

For purpose of this Privacy Policy, we are Data Controller of your Personal Information. You can contact us at Tholos Inc., 2248 Broadway #1617 New York, NY 10024 or via email at legal@tholos.app.

2.5 Data Processors (or Service Providers) - Data Processor (or Service Provider) means any natural or legal person who processes data on behalf of Data Controller.

We may use the services of various Service Providers in order to process your Data and/or Personal Information more effectively.

2.6 Data Subject - Data Subject is any identified or identifiable individual who is using App or Site and is the provider of Personal Information.

3. Information Collection and Use.

We collect several different types of information for various purposes to provide and improve our service to you.

4. Types of Data Collected.

4.1 Personal Information.

The specific types of Personal Information we collect will depend upon Services you use, how you use them, and information you choose to provide. The types of Data we collect directly from you includes, without limitation:

We may invite comments, questions, or feedback on certain public areas of Site. If you provide information in those public areas of Site, and such information may be read, collected, and used by us and other users of Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with other information we have collected from you.

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following unsubscribe link or instructions provided in any email we send.

4.2 Usage Data

We may also collect information how App and Site are accessed and used. This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, pages of App or Site that you visit, time and date of your visit, time spent on those pages, unique device identifiers and other diagnostic data.

4.3 Tracking Cookies Data.

We use cookies and similar tracking technologies to track activity on App and Site and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a Site and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the App and Site.

We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Services we offer. Also, please be aware that if you visit other sites you may be required to accept cookies. The use of cookies by third parties is not covered by our Privacy Policy.

4.4 Web Beacons.

Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

4.5 Clear Gifs.

We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.

4.6 Mobile Application Software Development Kits (SDKs).

We may use third-party software development kits ("SDKs") in our mobile applications. An SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding use of App, to integrate with social media, add features or functionality to our Sites or Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via App or Site.

4.7 Google Analytics.

Google Analytics is a web analytics service offered by Google that tracks and reports application and website traffic. Google uses data collected to track and monitor the use of App and Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize ads of its own advertising network.

You can opt-out of having made your activity on the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on privacy practices of Google, please visit the Google Privacy Terms web page here.

4.9 Do Not Track.

We also may use these technologies to collect information about your online activities over time and across third-party sites or other online services (behavioral tracking). We do not respond to browser-based "do not track" signals. Some third-party sites who push content to our Site may keep track of your browsing activities over time and across different sites when they serve you content, which enables them to tailor what they present to you.

5. Use of Personal Information.

Tholos uses or may use your collected Data for various purposes:

6. Disclosure of Personal Information.

6.1 Disclosures.

Regardless of any choices you make regarding your information (as described below), Company may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Company; or (b) protect or defend rights or property of Company, users of the Services, or any other party.

6.2 Affiliates.

We may share some or all of your information with any other company or individual that directly or indirectly controls, is controlled by or is under common control with the Company (each an "Affiliate"), if any, in which case we will require our Affiliates to honor this Privacy Policy. We may share your Personal Information in connection with, or during negotiations of, a transaction that alters the structure of our business, such as a reorganization, merger, sale, transfer, change of control, or other disposition of all or a portion of our business, assets or stock, including a bankruptcy or similar proceeding. If another company acquires Company or our assets, or an Affiliate or its assets, that company will possess the information we have collected and will assume the rights and obligations described in this Privacy Policy.

6.3 Disclosure to Third Parties.

We may share your information with third party Service Providers or third party business partners that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with Services; to conduct quality assurance testing; to facilitate the creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); to provide technical support; or to offer you certain products or services or for their promotional or marketing purposes, as permitted by law. We may also share your information with any other party with your express consent.

6.4 Third Party Platforms.

We may link to or frame third party websites, decentralized applications and platforms (collectively, "Third Party Platforms"). Our provision of a link to or frame of any Third Party Platform is for your convenience and does not signify our endorsement of such Third Party Platform or its contents. If we display third party websites through a frame, you are on another site. During this process, another entity may collect information from you. We have no control over, do not review, and cannot be responsible for, these outside Third Party Platforms or their content or their privacy practices. Please be aware that terms of this Privacy Policy do not apply to these Third Party Platforms or content, or to any collection of data after you click on links to such Third Party Platforms.

6.5 We Do Not Sell Personal Information.

We do not sell your Personal Information to any third party.

We may use Navigational Information to operate and improve the App or Site.

6.7 Testimonials and Comments.

We may post customer testimonials and comments on our Site, which may contain Personal Information. We will obtain each customer's consent via email, Instagram, Facebook, or other social network prior to posting customer's name and testimonial.

6.8 Security of your Personal Information.

The Site, cloud computing services and data storage are hosted by AWS. Please review their privacy policy to understand security protocols for AWS – you can access the AWS Privacy Policy web page here. We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. But remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal information, we cannot guarantee its absolute security.

6.9 Service Providers.

We may employ third party companies and individuals to facilitate our Site, to manage the Site on our behalf, to perform Support-related services or to assist us in analyzing how our Site are used.

These third parties Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

7. Your Choices Regarding Your Information.

7.1 Choices.

We offer you choices regarding collection, use, and sharing of your information. When you receive communications from us, you may indicate a preference to stop receiving further communications from us and you will have an opportunity to "opt-out" by following unsubscribe instructions provided in the e-mail you receive. Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from these third parties. Despite your indicated e-mail preferences, we may send you emails related to your account or transactions thereunder, or notices of any updates to our Terms of Use or Privacy Policy.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block use of other tracking technologies, some parts of the Service may be inaccessible or not function properly. You can choose whether or not to allow Service to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the Service may be inaccessible or not function properly.

7.2 Changes to Information.

You may change any information in your account by sending an e-mail to us at legal@tholos.app. You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

7.3 To Unsubscribe from Our Communications.

You may unsubscribe from our marketing communications by clicking on "unsubscribe" link located on the bottom of our e-mails or by sending us email us at legal@tholos.app.

Customers cannot opt out of receiving transactional emails.

The App and Site may contain links to other sites that are not operated by us, including links to our Social Media accounts on Facebook and Instagram. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit.

We may maintain pages for Tholos on social media platforms, such as Facebook, LinkedIn, Twitter, Google, YouTube, Instagram, and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider's privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party site or services.

9.1 If you are from the European Economic Area ("EEA"), United Kingdom ("UK"), or Switzerland, Tholos's legal basis for collecting and using Personal Information described in this Privacy Policy depends on the Personal Information we collect and the specific context in which we collect it.

The Company may collect and process your Personal Information because:

The Company will retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy. We also may retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. We do not use your Personal Information for purposes of automated decision-making or profiling.

9.2 Transfer of Data.

Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where data protection laws may differ than those from your jurisdiction.

The App and Site are hosted in the United States. If you are located outside of the United States and choose to provide information to us, please note that we may transfer data, including Personal Information, to the United States or another country and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer to the United States or another country.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Information.

9.3 Disclosure of Data.

Legal Requirements

The Company may disclose your Personal Information in good faith belief that such action is necessary to:

9.4 Your Data Protection Rights Under General Data Protection Regulation (GDPR).

If you are a resident of the EEA, you have data protection rights to correct, amend, delete, or limit the use of your Personal Information. To exercise any of these rights, please contact us at legal@tholos.app.

Under GDPR, you have the following data protection rights:

We will strive to respond to your request within a month, but this may be extended by an additional two months, if necessary. Please note that we may ask you to verify your identity before responding to your request.

In addition, where we obtain Personal Information about you from a source other than yourself, we may not be required to provide you with certain information described in this Privacy Policy if:

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA, UK, or Switzerland. A list of Data Protection Authorities is available at: https://edpb.europa.eu/about-edpb/board/members_en. Unless otherwise indicated in this Privacy Policy, Tholos is the Data Controller for Personal Information we collect and process.

10. Residents of Canada.

Users of App and Site from Canada are informed we take appropriate steps to comply with applicable Canadian data privacy requirements, including Anti-Spam Legislation (CASL) and Personal Information Protection and Electronic Documents Act (PIPEDA). Note, however, that Personal Information stored or processed outside of Canada, including in the United States or another foreign country, may not be subject to PIPEDA. In addition, Personal Information stored or processed outside of Canada is subject to the laws of that other country and may be available to the foreign government of the country in which the Personal Information or the entity controlling it is located pursuant to a lawful order in that jurisdiction. This Privacy Policy is intended to provide the required notices regarding our collection and use of Personal Information, including transfer to the United States.

You may request to access, correct, or delete your Personal Information, or withdraw consent to our collection, use, or disclosure of your Personal Information, by contacting us at legal@tholos.app.

11. Children's Privacy.

The App and Site are not intended to be accessed or used by anyone under the age of 18 (a "Child").

We do not knowingly collect Personal Information directly from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided us with Personal information, please contact us. If we become aware that we have collected Personal information from a child without verification of parental consent we take steps to remove that information from our databases.

12. Changes to This Privacy Policy.

We may update our Privacy Policy from time to time. We will notify you of any changes by posting a new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

13. Dispute Resolution.

If you have any questions or concerns, please contact Tholos by e-mail at legal@tholos.app. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Tholos are unable to reach a resolution to the dispute, you and Tholos will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) as set forth in the Terms of Use found at www.tholos.app/terms-of-use.