Privacy Notice

Last Updated: October 28, 2022

1. OVERVIEW

At PublicSq., we respect your privacy and are committed to protecting it through our compliance with this Privacy Notice (this “Notice”) and all applicable data privacy laws. You always remain in control of the information provided to PublicSq. This Notice describes the types of information that we may collect from you or that you may provide to us and our practices for collecting, using, protecting, and disclosing that information. This Notice applies only to information we collect on the website located at www.publicsq.com (the “Website”), in the PublicSq. mobile application (the “App”), and in email or other electronic communications sent through or in connection with the Website or the App (collectively, the “Services”).

Please read this Notice carefully to understand our policies and practices regarding your information and how we will treat it. This Notice, as well as ourTerms of Service, Community Guidelines, and other important policies, are binding legal documents.If you do not agree with our policies and practices, your choice is not to download, register with, access, or otherwise use any of our Services. By downloading, registering with, accessing, or otherwise using the Services, you accept the practices set forth in this Notice.

2. APPLICABILITY AND SCOPE

In this Notice, the terms “PublicSq.”, “we”, and “us” refer to PSQ Holdings, Inc., a Delaware corporation with headquarters in Encinitas, California, and its respective subsidiaries and affiliated companies. Note that websites that are owned and operated by PSQ Holdings, Inc. or PublicSq. may contain links to digital properties that are owned and operated by other companies. This Notice does not apply to websites and services that are owned and operated by unaffiliated third parties.

This Notice does not apply to (i) any affiliate or related entity of PublicSq. that maintains and publishes its own privacy policy; or (ii) any services that are owned, operated, and/or offered by unaffiliated third parties. The term “device” as used in this Notice refers to any computer, tablet, smart phone, or other device you are using to access the Services.

3. CHILDREN UNDER THE AGE OF 16

PublicSq. recognizes the importance of children’s safety and privacy on the Internet. For this reason, and in compliance with certain laws, our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of consent from the child’s parent or legal guardian, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected]

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “Your State Privacy Rights” below for more information.

4. INFORMATION WE COLLECT AND HOW WE COLLECT IT

As you use our Services, we collect information about you and the services you use. The information we collect falls into three main categories: information you voluntarily provide us, information we collect from you automatically, and information we collect from other sources. We may also collect information that is not specifically listed below, which we use consistent with this Notice or as otherwise described at the time of collection. We are not in the business of selling information about our users.

Information You Voluntarily Provide Us

The only personally identifiable information we collect about our users is that which is provided voluntarily. For example, you may provide information to us when you:

  • Sign up for a user account, event, or communications. During the sign-up or registration process or when you communicate with us, you may provide information such as your name, email address, phone number, and/or age verification. If you want to join PublicSq. before it has been introduced to your neighborhood, then you may choose to give us your contact information and ask us to notify you when we the Services are available in your neighborhood.
  • Participate in events, contact customer support, or provide feedback. You may choose to provide information to us through promotions, events, surveys, and feedback. We may use this information to administer your participation in the promotion, event, or survey; to respond to your feedback; and/or to conduct market research and analysis on an aggregate, non-identifiable basis.
  • Share content or request information. We may collect information when you share posts, reviews, preferences, or other content on or through the Services, or when you request information from us. This includes information you share when you contact us directly or access or interact with PublicSq. pages or accounts on any third-party social media platforms such as Facebook, Twitter, Instagram, TikTok, or LinkedIn.

    You are responsible for all actions resulting from any content you post on our Services or social media pages. Such contributions are posted at your own risk. Please remember that any information you post on third-party social media pages may become publicly available and is not subject to this Notice.

In these instances, we may collect the following types of information (collectively, “User Information”):

  • Account Information. When you create a user account, we store and use the information you provide during that process. The only information required to create a PublicSq. account is a username, password, email address, zip code, and age verification. If you choose to provide additional information, such as your first and/or last name or date of birth, we may store that information as well. You may create your account using a pseudonym if you prefer not to use your real name. You do not have to disclose your identity on PublicSq., but you must provide us with accurate and up-to-date information (including registration information). We may publicly display the username that you provide, as well as any photo or other content you submit through the account creation process. You can later modify some of the account information you provide through your account settings.
  • Business Information. If you use our Business Services, you may share details about your association with a business and services offered by you or the business.
  • Public Communications. Your contributions to the Services are intended for public consumption and are therefore viewable by the public, including your account profile, photos, ratings, reviews, and posts. You can limit the public nature of some of these contributions through your account settings.

    You also may provide content, including User Information, to be displayed or published (hereinafter, “posted”) on PublicSq.’s pages or accounts on third-party social media pages. You are responsible for all actions resulting from any content you post on our Services or third-party social media pages. Although you may set certain privacy settings for such User Information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, because we cannot control the actions of other users of the Services with whom you may choose to share your contributions or User Information, we cannot and do not guarantee that such content will not be viewed by unauthorized persons.

  • Non-Public Communications. When you sign up for an account, you are opting to receive messages from PublicSq. You can manage some of your messaging preferences through your account settings, but please note that you cannot opt out of receiving certain administrative, transactional, or legal messages from PublicSq. We may store information that you provide through communications to us, including from phone calls, letters, emails, and other electronic messages, or in person. If you are a representative of a business listed on PublicSq. or use a phone number associated now or previously with such a business, we may contact you, including by phone and/or email, using the contact information you provide us or make publicly available, or that we have on record for your business. Our communications with you, including phone calls, may be monitored and recorded for quality purposes.
  • Any other information you choose to provide. You are solely responsible maintaining the confidentiality and security of any information that you transmit from or store on a device for the purposes of accessing or using the Services, including all transactions and other activities undertaken with any user account registered in your name, whether authorized or unauthorized. You agree to immediately notify us of any unauthorized transactions associated with the Services or any other breach of security. PublicSq. shall not be responsible for any losses arising out of the loss or theft of User Information that you transmit from or store on a device or arising out of any unauthorized or fraudulent transactions associated with the Services.

Information We Collect Automatically

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and usage patterns, including:

  • Activity. We may store information about your use of the Services, such as your search activity, the pages you view, or the date and time of your visits. We may also store information that your device may provide to us in connection with your use of the Services, such as your browser type, type of computer or mobile device, browser language, mobile carrier, phone number, and requested and referring URLs and mobile applications. We may also receive and store your location whenever our App is running, including when running in the background, if you enable our App to access such information in the course of using the Services. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our App in iOS or Android privacy settings.
  • Log Information. We may collect information related to your access to and use of the Services, including your browser type, App version, access times, IP address, pages viewed, and the page you visited before navigating to our Services.
  • Location Information. We may collect information about the approximate location of your device (e.g., less precise location inferred from a browser or device’s IP address). In accordance with your device permissions, we may also collect information about the precise location of your device. We collect this location information or derive it from your GPS, WiFi, Bluetooth, or other device settings for purposes of enhancing or facilitating our Services. We may also use information about the location of the device you are using to help us understand how our Services and functionality are being used. If you want to opt out of the collection of this location information, please see “Your Choices” below. To learn more about our mobile-based location services, please see “Controlling App Functionality” below.
  • Device Information. We may collect information about the device you use to access our Services, including the hardware model, operating system and version, Internet service provider, and mobile network information. You may access the Services through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., webpage or mobile application). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one PublicSq. platform will typically be similarly visible and accessible through all other PublicSq. platforms.
  • Professional Information. If you represent a business on PublicSq., we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address that is also used as a home address. We will also collect and display information about your professional background that you choose to share with us through the Services, such as information about your professional licenses or certifications, or your professional history or specialties.
  • Additional Information. As we and our service providers adopt additional technologies, we may also gather additional information through other methods.

We and others may use a variety of technologies to collect information about your device and use of our Services, including the following:

  • Cookies are small data files stored on your hard drive or in device memory. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. We do not combine the information collected through cookies with other information to tell us who you are.
  • Log Files track actions occurring on the Services and collect data, including your IP address, browser type, Internet service provider, referring and exit pages, and date and time stamps.

Taken together, these technologies help us learn which services and functionality you are using and how you are accessing information about us. We may use this information to personalize your use of our Services. Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although you must take additional steps to disable or control other technologies. For more information about tracking technologies and how to disable them, see please see the section below titled “Your Choices”.

Information We Collect from Other Sources

We may also obtain information about you from other sources. For example, we may collect information about you from third parties, including, but not limited to, public databases, joint marketing partners, and other third parties.

5. HOW WE USE YOUR INFORMATION

We use your information for business and commercial purposes, including to provide the products and services you request, to perform customer service functions, for security and fraud prevention, and to perform website and mobile application analytics.

We may use the information you provide, on its own and combined with other information we collect about you, for the following purposes:

  • To Provide Our Services. We process certain personal information when you access or use our Services, including to register and verify user accounts, facilitate the functionality of our Services, and administer surveys, sweepstakes, contests, and promotions. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we recommend that you read these rules carefully.
  • To Communicate with You. We process certain information to communicate with you regarding our Services; to respond to your comments, inquiries, feedback, or postings; and to provide important safety information, technical notices, updates, security alerts, and support and administrative messages. We may also provide information on employment opportunities and job openings. See the “Your Choices” section below for information about how to opt out of marketing communications at any time.
  • To Research, Develop, and Improve Our Services. We want to ensure that our Services are continually improving and expanding so that we meet and exceed your expectations. For example, we may process certain personal information to:
    • conduct research and analysis for marketing, business, and other operational purposes;
    • develop current and future Services and offerings;
    • improve our business operations and Services; and
    • debug and repair errors to improve the quality and safety of our Services.
  • With Your Consent. We may process certain personal information to fulfill any other business or commercial purposes at your direction or with your consent.

We may combine personal information about you with other information we have acquired from third parties in accordance with applicable law. We will treat the combined information as personal information under this Notice for as long as it is combined.

When we process information as de-identified information, we will not re-identify such de-identified information, except as permitted under applicable law.

6. HOW WE SHARE YOUR INFORMATION

We may share your information as needed to fulfill the purposes described in this Notice and as permitted by applicable law. This includes sharing among PublicSq.-affiliated entities for internal business purposes, sharing with service providers to help perform business functions at our direction, sharing with your consent, sharing as part of corporate transactions, and sharing to protect lawful interests. We may disclose your information to companies and individuals we employ to perform business functions on our behalf.

We may disclose personal information that we collect or that you provide as described in this Notice:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PublicSq.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by PublicSq. about users of our Services is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Service and other agreements.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, health, or safety of PublicSq., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We may aggregate, de-identify, and/or anonymize any information collected through the Services in such a way that we cannot reasonably link information to you or your device. For example, we may use the information to calculate the percentage of PublicSq. customers who have a particular zip code or who use an Android device or an iOS device. Because this type of information cannot be reasonably linked to you, we may use and disclose aggregated and or de-identified information for any purpose, without restriction.

To perform our Services, we may share your information within PublicSq. and with third parties as necessary to provide our Services, for purposes described in the “How We Use Your Information” section, or with your consent. However, we do not sell your personal information to third parties for their marketing purposes.

We may share your information with the following types of third parties:

  • PublicSq. Affiliates. We share personal information with PublicSq. affiliates, subsidiaries, and licensees to provide our Services to you, in accordance with applicable law. We may also share personal information with our affiliates at your direction or request.
  • Service Providers. We share personal information with third-party service providers that provide a variety of services on our behalf, including but not limited to the development, maintenance, and support of the Services and marketing research and analysis. Our service providers may be located outside of the jurisdiction in which you reside.
  • Other Entities. We may share personal information with other entities for additional purposes. For example, we may share personal information with our business partners and other third parties upon your request or at your direction. We may also share personal information as part of a sale, merger, or change in control, or in preparation for these corporate events. An entity that buys all or part of our business may continue to use your data in accordance with this Notice unless you request otherwise.

    We may also share personal information as may be necessary to protect the safety, property, or other rights of PublicSq., its affiliates, and their respective employees, customers, users, service providers, or any other person or entity; to comply with law, a court order, or other legal process (which may include access by courts, law enforcement or governmental authorities in the U.S. or other jurisdictions) or in connection with a legal investigation; to enforce any applicable terms and conditions and other agreements; as otherwise may be required or permitted by applicable law; or in accordance with your consent.

7. CONTROLLING APP FUNCTIONALITY

  • User Responsibility. You are solely responsible for maintenance of the confidentiality and security of any personal information which you transmit from or store on a device for purposes of the Services, whether authorized or unauthorized. You agree to immediately notify PublicSq. of any unauthorized transactions associated with the Services or any other breach of security. PublicSq. shall not be responsible for any losses arising out of the loss or theft of User Information which you transmit from or store on a device or from unauthorized or fraudulent transactions associated with the Services.
  • Communications Preferences. The Services allow all users to set preferences for receiving email communications from PublicSq. and push notifications from the App. Please note as well that you may opt out of receiving marketing communications at any time by adjusting your online account settings or by clicking the “unsubscribe” link included within any commercial email we send you.

8. YOUR CHOICES

You have control over your promotional communications preferences, Website and App functionality, cookie settings, interest-based advertising preferences, and more.

Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Services pseudonymously, though doing so could detract from the credibility of your contributions to the Services.

  • Account Information. You may review and change the account information you provide to us at any time by logging into the Services and visiting your account profile settings. You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

    If you delete your User Information or contributions from the Services, copies of such content may remain viewable in cached and archived pages or may have been copied or stored by other users. Proper access and use of information provided on the Services, including user contributions, is governed by ourTerms of Service and Community Guidelines. If you wish to deactivate your account, please email us at [email protected], but note that we may retain certain information as required by law or for legitimate business purposes.

  • Promotional Communications. You can opt out of receiving promotional emails and mailings by informing us of your preference at the time you sign up for an account, modifying your promotional preferences in your account settings, following the “unsubscribe” instructions in the promotional emails we send you, or emailing us at [email protected] Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your account.
  • Mobile Push Notifications. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these notifications at any time by changing the notification settings in your account.
  • Cookies and Similar Tracking Technologies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies and similar technologies by adjusting the appropriate settings in your browser. Each browser is different, but many browsers have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

California residents may have additional personal information rights and choices. Please see “Your State Privacy Rights” below for more information

9. HOW WE PROTECT YOUR INFORMATION

PublicSq. uses commercially reasonable methods consistent with industry practice to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. While we consider these policies and procedures to be adequate, there is still a risk that your personal information could be misappropriated

No method of transmission over the Internet or method of electronic storage is completely secure. Any transmission of personal information is at your own risk. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of your personal information. The safety and security of your information also depends on you. You are responsible for protecting your password(s) and maintaining the security of your account(s). We are not responsible for circumvention of any privacy settings or security measures we provide.

10. RETENTION AND DISPOSAL OF YOUR INFORMATION

PublicSq. stores personal information as needed to accomplish the purposes identified in this Notice and to meet legal requirements, including record retention, dispute resolution, and enforcement of agreements. Our retention of your personal information is governed by applicable law. This storage period may extend beyond the term of your relationship with PublicSq. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, whether there is a legal obligation to which we are subject, and whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

The personal information that you provide us is stored and processed on servers in the United States. Regardless of the company or person who processes your information and where it is processed, we will take steps to transfer and protect your information through appropriate safeguards in accordance with applicable data protection laws and this Notice.

If you close your account, we will remove certain public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Notice unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. We may also maintain residual copies of your personal information in our backup systems. Please note that businesses cannot remove their business pages, ratings, or reviews by closing their accounts.

When personal information is no longer needed, or, in any event, after legal authority to retain it has expired, personal information will be destroyed in accordance with local law and pursuant to procedures established in relation to the relevant PublicSq. system or process.

11.YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visitCA Privacy Policy. California’s “Shine the Light” law (Cal. Civ. Code § 1798.83) permits users of our Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Please note that PublicSq. does not sell any personal information and does not disclose any personal information to third parties for their marketing purposes. Nonetheless, to make such a request, please send an email to [email protected]

Colorado, Connecticut, Virginia, and Utah each provide their residents with rights to:

  • Confirm whether we process their personal information.
  • Access and delete certain personal information.
  • Data portability.
  • Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their residents with rights to:

  • Correct inaccuracies in their personal information.
  • Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Please note that we do not currently use or share please know we do not currently sell data triggering these statutes’ opt-out requirements. Nonetheless, to exercise any of these rights, please send an email to [email protected]

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise these sale opt-out rights may submit a request to [email protected] However, please know we do not currently sell data triggering that statute’s opt-out requirements.

12. UPDATES TO THIS PRIVACY NOTICE

It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account, through a notice on the Website home page, and/or through an in-app notification in the App. The date the Notice was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing our Services and this Notice to check for any changes.

13. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to request access to the information that PublicSq. has gathered about you through the Services, please send an email to[email protected].

© 2022 PSQ Holdings, Inc. All rights reserved.