1.  OVERVIEW

This document (“Privacy Policy”) explains how we collect, use, process, share, and store your personal information when you access and use our platform (“Platform”).

This Privacy Policy constitutes a binding legal agreement by and between Big Idea Inc. (“Big Idea”, “we”, “us”, “our”) and you, an individual (“User”, “you,” “your”) (each Big Idea and User referred to as a “Party”, and collectively Big Idea and User referred to as the “Parties”).

Defined terms are as specified throughout this Privacy Policy, and are identified in quotes. The singular meaning of a defined term will have the same meaning as the plural meaning and visa versa. When section is used, it is referring to a section of this Privacy Policy.

By accessing and using the Platform, you agree to be bound by this Privacy Policy.

If you do not wish to be bound by this Privacy Policy, please do not use the Platform.

This Privacy Policy includes the following sections:

• Categories of personal information that we collect and when we collect personal information;
• Our use, processing and storage of your personal information;
• Providing your personal information to third parties and transfer of personal information;
• Your privacy rights;
• Cookies and other similar technologies that we use;
• Protecting your personal information;
• Contact information about your rights under this Privacy Policy; and
• Changes to this Privacy Policy.

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2.  CATEGORIES OF PERSONAL INFORMATION THAT WE COLLECT AND WHEN WE COLLECT PERSONAL INFORMATION

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with you (“personal information”). Personal information does not include publicly available information from government records or de-identified or aggregated information.

We may collect, store and use different categories of personal information about you, including:

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• Account information: first and last name; login username and password
• Contact data: physical address, email address, phone number, country, state, region or province where reside
• User Content: content that you post, upload and/or store on the Platform; including such content as photos, pictures, video
• Asset content and files: your intellectual property assets, and any files or documents related to your assets
• Verification and identifier information: information to verify your identity, such as your passport number and driver’s license number; and your digital signature (note: we use a third party to process information that you provide to identify who you are; as such we do not retain any personally identifiable information such as driver’s license, and passport information; the verification information is provided directly to our third party processor, and any use of verification information will be governed by the third party processor’s privacy policy)
• Payment information: information you provide in connection with your payment to us, such as banking information, credit card information (note: we use a third party to process payment made to us; as such we do not retain any personally identifiable information such as credit card numbers; the payment information is provided directly to our third party processor, and any use of financial information will be governed by the third party processor’s privacy policy)
• Transaction data: information needed to complete your transactions on or through the Platform
• Internet/device information: amount of time during which you have had an account with us; browsing time; cookie information; Platform page history; browser and device characteristics, operating system, device name, social media identifiers
• Feedback and communications data: information you provide to us when you provide feedback and/or you communicate with us
• Marketing data: your preferences for receiving our marketing communications
• Other data: IP address, geo-location, social media identifiers, any other information described at the time of the collection

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We collect your personal information when you:

• Interact with us using our Platform before and after becoming a customer;
• Create or edit an account with us;
• Ask us to use our products and services, and you give us your personal information with your request;
• Communicate with us by telephone, regular mail, email or on our Platform; and
• Use our Platform which includes cookies and similar technologies.

We also may collect your personal information from our third party marketing representatives.

Note: If you fail to provide certain personal information to us when requested, we may not be able to perform all our legal and contractual obligations or carry out all activities requested by you within the Platform.

3. OUR USE, PROCESSING, AND STORAGE OF YOUR PERSONAL INFORMATION

We use, collect and process your personal information for the following purposes:

• Contract: To create and manage your account, send you promotional materials, provide you with information that you request, process your purchase transactions, and provide you with products and services
• Consent: To use cookies, to process certain personal information; to request your opinion or feedback
• Legitimate Interest: To enable participation in interactive features of our Platform, notify you of changes to this Privacy Policy, inform you of new products and services, determine how our Platform are being used to improve the features and functionality
• Legal Obligation: To maintain and process records for tax and accounting purposes, and to comply with our legal obligations

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In some instances, we may use your personal information in combination with information belonging to others. In this process, we use various methods to remove the identifying portions of any personal information before combining it with the information of others. The output of this process is aggregate data, which is incapable of identifying you or any others. We use this aggregate data for several reasons, including improving the features and functions of our Platform, and how we deliver them to you.

We will store your personal information in the United States, and will store it for as long as necessary to fulfill the purposes for which it was collected, and to allow us to satisfy any legal, accounting, and reporting requirements.

Automated Processing: We do not conduct automated decision-making processing; such as profiling.

We do not sell personal information. We do not sell your personal information to third parties for a monetary payment or something else of values received in return. However, we may provide your personal information to third parties where we do not receive a monetary payment (as described in the next section).

Children’s Personal Information: We do not knowingly collect, process, or store the personal information of a user who is not of legal age in the country, state, region or province where they reside. If we learn that we have collected, processed or stored the personal information of a user who is not of legal age in the country, state, region or province where they reside, we will use commercially reasonable efforts to delete such personal information as soon as possible.

4. PROVIDING YOUR PERSONAL INFORMATION TO THIRD PARTIES AND TRANSFER OF PERSONAL INFORMATION

We may provide your personal information to third parties, where we do not receive a monetary payment, including:

• Service providers: A “Service Provider” is a company or person which processes your personal information for a business purpose under a contract between us and the Service Provider. We may transfer your personal information to a third party Service Provider for business purposes. Examples of a business purpose are to verify your identity, and process payment
• Marketing agencies: To assist in marketing and email campaigns
• Public authorities & legal proceedings: To respond to a subpoena, warrant or other legal processes issued by a court or public authority; discovery requests and demands as part of a civil lawsuit or similar legal process; disclosure is required to comply with applicable laws, and similar legal processes
• Business transfer: If we sell a business, your personal information may be sent to the buyer of that business. If we buy a business, we may acquire your personal information
• Professional advisors: To our attorneys and accountants who assist us in providing our products and services to you

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If you reside outside of the United States, we will transfer your personal information to the United States, and we will put in place the required safeguards so that the transfer of your personal information complies with data protection laws.

5. YOUR PRIVACY RIGHTS

Subject to applicable laws, you may have the following additional rights:

• Access: By logging into your account with us, you can access much of your personal information.  However, if you don’t see the information that you are looking for, you can contact us as specified in section 8.
• Correction (also known as Rectification): By logging into your account with us, you can access much of your personal information. We ask that you keep your personal information accurate and up-to-date. However, if you need assistance with correcting any of your personal information, you can contact us as specified in section 8.
• Deletion (also known as Right to be Forgotten): You may delete your account with us at any time or you may request that we delete the personal information which we maintain about you. We may retain your personal information for as long as we believe it is necessary to fulfill the purposes for which the personal information was collected, or as otherwise required by law. There are instances where applicable law allows or requires us to refuse to delete your personal information. In the event that we cannot delete your personal information, we will inform you of the reasons why.
• Restrict Processing: You may have a right to request that we restrict processing of your personal information under certain circumstances, including if you believe the personal information is not accurate.
• Portability: You may have the right to receive your personal information in machine readable format, if it is possible given our then-current automated systems and data architecture.
• Objection: You may have the right to object to our processing of your personal information, in limited circumstances.
• Opt-Out: You may have the right to object to our processing of your personal information to deliver advertisements according to our target-audience preferences.
• Withdraw Consent: Where we collect and process your personal information based on your consent, you have the right to withdraw your consent by deleting your account.
• Lodge a Complaint: You have a right to file a complaint with the appropriate government agency if you believe we have not complied with this Privacy Policy or have violated the applicable privacy law.

We will not discriminate against you by (a) denying you use of our Website or Services; (b) charging different prices or rates to similarly situated customers; (c) providing a different level or quality for use of our Website or Services; or (d) for exercising your rights.

If you are a resident of the State of California, under California Civil Code known as the “Shine The Light”, you may request and obtain from us, once a year, and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes, and the names and addresses of all third parties with which we shared your personal information during the immediately preceding calendar year. If you are a resident of the State of California and would like to make such a request, please submit your request in writing via email to us as specified in section 8.

When you contact us, we may request information from you to enable us to confirm your identity. We will use reasonable means to confirm that the individual that is making the request is you. If we cannot verify that the individual making the request is you, we may deny the request.

There will be no charge to request and receive access to your personal information which we have collected about you. If we cannot provide you with access to your personal information, we will inform you of the permissible reasons why we may not be able to provide access.

In addition, we may not always be able to fulfill your request to your satisfaction. In some cases, we may be prohibited by law, agreement or legitimate interest to fully comply with your request. When those situations arise, we will inform you of why we are unable to fulfill your request.

6. COOKIES AND OTHER SIMILAR TECHNOLOGIES THAT WE USE

We use cookies, web beacons and similar technologies on our Platform to enhance and improve your experience and tailor advertisements when you use our Platform.

A “cookie” is a small text file that is stored in your computer’s internet browser when you access and use a website or app. There are many different types of cookies. Some cookies are used to make websites or apps function properly, called “strictly necessary cookies”. Other cookies, called targeting, functional, or performance cookies, are used to analyze site performance and traffic, or to tailor advertisements to users. Some cookies contain unique identifiers about you or your device.

“Web beacons” are site instrumentation that helps to determine the kind of response the online activities generate. Web beacons may also be used by a third party to monitor a user’s activity on a website. For example, web beacons can document how many times a page has been viewed or how many of the e-mails, requested by visitors, are actually opened. Generally, any electronic image that is part of a web page or html-based email, including ad banners, can act as a web beacon.

When you access and use our Platform, we will send that identifier to your device and it will be stored on your device. Your device will send the identifier back to us each time you access and use our Platform. A cookie will be either a “session” cookie or a “persistent” cookie: (a) a session cookie will expire when you stop using our Platform, and (b) a persistent cookie will be stored in your device’s web browser, and will remain in use until the expiration date has expired (you can delete a persistent cookie before its expiration date by using the web browser on your device).

We use the following types of cookies on our Platform:

• Essential cookies (also known as strictly necessary cookies): These cookies are persistent cookies and enable you to move around our Platform and access certain features and functionality. For example: security, verification of identity, and network information.
• Functional cookies (also known as preference cookies): These cookies are session cookies, and allow our Platform to remember the choices you made when you previously accessed and used our Platform. These choices may include, for example, the language you prefer and your user name/password if you choose an automatic log in.
• Analytics cookies (also known as performance cookies): These cookies are session cookies, and collect information about how you use and interact with our Platform to provide you with a better overall experience. For example, we can see the pages you visited and the links on which you clicked.
• Marketing cookies (also known as targeting cookies): These cookies are session cookies and analyze user behavior and allow us to deliver personalized marketing messages to you.

Our Platform uses analytics cookies sent to you by companies other than us. When you use our Platform, you may see embedded content or you may be directed to other websites. We do not control the placement of cookies by the embedded content or other websites. You may wish to review the privacy policies of these third parties that can be found on their websites.

We use the services of Google Analytics, a web analysis service provided by Google, in our products to understand how you use our products so that we can improve the product features and functionality, as well as, your user experience. For more information about Google Analytics: www.google.com/policies/privacy/partners/ (or any other URL that Google may provide from time to time).

7. PROTECTING YOUR PERSONAL INFORMATION

We are committed to protecting the security of the personal information that we collect from you. We use reasonable physical, technical, and administrative measures to help protect your personal information from the risk of accidental loss, and unauthorized or inappropriate access, destruction, use, modification, or disclosure.

The safety and security of your information also depends upon you. If you access our Platform using a username and password, you are responsible for keeping this information confidential and not sharing it with anyone else.

8. CONTACT INFORMATION ABOUT YOUR RIGHTS UNDER THIS PRIVACY POLICY

If you have any questions regarding the collection, use, processing, sharing, and/or storage of your personal information, or to exercise your rights under this Privacy Policy, please contact us at legal@bigideaplatform.com.

9. CHANGES TO THIS PRIVACY POLICY

Occasionally, we may make changes to this Privacy Policy. and the most recent version of this Privacy Policy is the one that applies to you. If we make material changes to this Privacy Policy, we will provide you with notice by displaying a prominent notice on our website or our Platform or by sending you an email. Please make sure you read any such notice carefully. Having received notice of any changes to this Privacy Policy, if you continue to access and use the Platform, then you agree to the updated Privacy Policy. Neither the course of conduct between the Parties nor trade usage will act to modify or alter the provisions of this Privacy Policy.

This Privacy Policy was last updated: December 22, 2023