Effective date: 15/09/2023

1. OUR APPROACH TO PRIVACY

1.1 BIG APE ("BIG APE", "we", " our", or "us") are committed to protecting and respecting your privacy. This privacy policy sets out how we collect, store, process, transfer, share and use data that identifies or is associated with you (" personal information") and information regarding our use of cookies and similar technologies. 1.2 BIG APE operates Thrillz, a mobile application that allows users to play against each other and compete for potential monetary or non-monetary prizes ("Thrillz Service"). 1.3 This privacy policy applies to the Thrillz Service. Before accessing or using the Big Ape Service, please ensure that you have read and understood how we collect, store, use and disclose your personal information as described in this privacy policy. 1.4 We are the data controller of the personal information we hold about you. This means we determine and are responsible for how your personal information is used.

2. PERSONAL INFORMATION WE COLLECT ABOUT YOU AND HOW WE USE IT

2.1 We collect personal information that you voluntarily submit directly to us when you register and use the Thrillz Service. This can include information you provide to us when you register for an account, fill in a form on the Thrillz Service, create or edit your user profile on the Thrillz, correspond with us by phone, e-mail or otherwise, or subscribe to our mailing lists, newsletters or other forms of marketing communications, respond to a survey, post comments in discussion groups, enter a promotion, or use some other feature of the Thrillz Service. 2.2 We will indicate to you where the provision of certain personal information is required in order for us to provide you certain features of the Thrillz Service, in particular, if you wish to credit your account/balance and/or withdraw all or part of your gains. If you choose not to provide such personal information, we may not be able to provide those parts of the Thrillz Service to you or respond to your other requests. 2.3 Annex 1 sets out the categories of personal information we collect about you and how we use that information, as well as the legal basis on which we rely to process the personal information. 2.4 We also automatically collect personal information indirectly about how you access and use the Thrillz Service and information about the device you use to access the Thrillz Service. 2.5 Annex 2 sets out the categories of personal information we collect about you automatically and how we use that information. Annex 2 also lists the legal basis on which we rely to process such personal information. 2.6 We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us. 2.7 We may anonymize and/or aggregate any of the personal information we collect (so that it does not directly identify you). We may use anonymized information for purposes that include testing our IT systems, research, data analysis, improving the Thrillz Service, and developing new products and features. We may also share such information with others. 2.8 We will store the personal information we collect about you for no longer than necessary for the purposes set out in Annex 1 and Annex 2, in accordance with our legal obligations and legitimate business interests.

3. RECIPIENTS OF PERSONAL INFORMATION

3.1 In addition to the recipients listed in Annex 1 and Annex 2, we may also share your personal information with the following (as required in accordance with the uses set out in Annexes 1 and 2):

  1. Service providers and advisors: We may share your personal information with third-party vendors and other service providers that perform services for us or on our behalf, which may include providing mailing, email, or chat services, fraud prevention, web hosting, or providing analytic services.
  2. Third parties through technology integrated with the Thrillz Service: We may collect certain personal information through software provided by our partners and other third-party analytics services which we integrate into the Thrillz Service. This software may collect data that relates to tracking, installations, and downloads on the device you use by collecting mobile identifiers, such as the ID for Advertising for iOS (IDFA). These partners may have access to the personal information collected in this way in order to maintain this software and provide us with services, such as calculating usage analytics in relation to the Thrillz Service.
  3. Affiliates. Other companies owned by or under common ownership as Big Ape, including our subsidiaries (i.e., any organization we own or control) and our ultimate holding company (i.e., any organization that owns or controls us), and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Privacy Policy.
  4. Purchasers and third parties in connection with a business transaction: your personal information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control, or acquisition of all or a portion of our business.
  5. Law enforcement, regulators, and other parties for legal reasons: we may share your personal information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms of Use; and/or (iii) exercise or protect the rights, property, or personal safety of Big Ape, its users or others.

4. MARKETING AND ADVERTISING

4.1 From time to time we may contact you with information about our products and services, including sending you marketing messages and asking for your feedback on our products and services. 4.2 Most marketing messages we send will be by email or text message to your phone. For some marketing messages, we may use the personal information we collect about you to help us determine the most relevant marketing information to share with you. 4.3 If you receive unwanted marketing communication from us or one of our business partners, you can use the unsubscribe link included in such communications to opt out of receiving future messages. Note that you will continue to receive emails regarding the transactions of products or services you have requested. We may also send you certain non-promotional communications regarding the Thrillz Service, and you will not be able to opt out of those communications (e.g., communications regarding potential evolutions of the Thrillz Service or updates to our Terms or this Privacy Policy).

5. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

5.1 Security. We implement appropriate technical and organizational measures to protect your personal information against accidental or unlawful destruction, loss, change, or damage. All personal information we collect will be stored on secure servers. 5.2 International Transfers of your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations. If you are located in the European Union ("EU"), your personal information may be processed outside of the EU including in the United States. 5.3 In the instance of such a transfer, we ensure that either:

  1. the personal information is transferred to countries recognized as offering an equivalent level of protection;
  2. the transfer is made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this privacy policy.

6. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

6.1 In accordance with applicable privacy law (in particular but not limited to General Data Protection Regulation for European users and California Consumer Privacy Act for Californian users), you have the following rights in respect of the personal information that we hold about you: