PRIVACY POLICY

Thank you for visiting Balluun, Inc.'s web site (the 'Site') located at [www.balluun.com]. Your privacy is important to us. This privacy policy ('Privacy Policy) explains certain policies that Balluun, Inc. ('Balluun' or 'we') has implemented governing our use of Personally Identifiable Information (as defined below) and other information that we gather from users of our Site, and users of our web-based business-to-business social marketplace services offered on or through our Site (collectively, the 'Services'). 'Personally Identifiable Informationi for purposes of this Privacy Policy means any item of information, that by itself, or when combined with other information, permits a person to be identified, including, without limitation, a person's first and last name, telephone number, e-mail address, employer information, or PayPal, credit card, or other financial account information.

This Privacy Policy forms part of the Terms of Service that govern your use of the Services (the 'Terms of Service'). Capitalized terms that are used, but not defined in this Privacy Policy, will have the meanings specified in the Terms of Service. If you do not agree to the terms of this Privacy Policy and the Terms of Service, in each case as amended from time to time, you have no permission or right to, and you may not and must not, access or use, the Site or Services.

Privacy Policy Updates

Balluun may add to, change or remove any part, term or condition of this Privacy Policy at any time. By continuing to use the Services, you are indicating your acceptance of such changes. We will provide written notice to you of any changes to this Privacy Policy (including notices posted on the Site the first time that you access the Site after the changes have been made or sent to your registered e-mail address). We will not reduce your rights under this Privacy Policy without your consent.

Collection of Personally Identifiable Information Provided by You

You can generally visit our Site without revealing any Personally Identifiable Information about yourself. You are not required to provide any Personally Identifiable Information to us, but in that case you will not be able to use the Services. In order to use the Services, you will need to register with Balluun to open an Account. To open an Account you will need to provide certain Personally Identifiable Information to us. For example, we will ask you to provide us with your first and last name, your e-mail address, the name and street address of the company or other business entity on whose behalf you use the Services, your telephone number, your PayPal, credit card or other financial account information, and such other information as specified by Balluun from time-to-time.

In addition, we may collect Personally Identifiable Information that you provide to us through communications (whether initiated by you or us) that we have with you by telephone, e-mail, letter, at meetings or tradeshows, or in other forms of communication, and we may associate such Personally Identifiable Information with your existing Personally Identifiable Information in our records.

Collection of Personally Identifiable Information Provided by Third Parties

We may also collect Personally Identifiable Information about you from third parties who have the right to disclose such information to us, including for example, from service providers that we may use to verify your identity when you register to use our Services, and to conduct credit checks.

Use of Your Personally Identifiable Information

We use your Personally Identifiable Information: (i) to provide the Services or other information that you have requested, including, without limitation, to facilitate transactions in which you participate as a Buyer or Seller; (ii) to verify your identity and authority to use our Site and Services; (iii) to contact you in connection with Services or other information that we have provided to you; (iv) to notify you of changes to the Site and Services, this Privacy Policy or the Terms of Service; (v) to maintain and improve the technical functioning, content and general administration of the Site and Services; (vi) to develop new services; (vii) to protect the rights and property of Balluun, our Registered Users, Buyers, Sellers, and third parties; and (viii) otherwise comply with our obligations under applicable laws, rules and regulations.

We may also use your Personally Identifiable Information to contact you with offers for additional Balluun services that we believe may be of interest to you. In addition, we may provide your Personally Identifiable Information to our third party business partners so that they may also contact you with offers of products and services that may be of interest to you. If you do not wish to receive such offers, you may complete the opt-out procedure specified at the bottom of any e-mail making such offers, or inform the individual that calls you with such offer, that you do not wish your telephone number to be used for such offers. Opting out of such communications will not restrict our right to contact you to provide information in connection with any Services that we provide to you, or that we are otherwise required to provide to you under applicable law.

We will provide you with an opportunity to opt out before we use your Personally Identifiable Information for any purpose other than those described in this Privacy Policy.

Disclosure

We may disclose your Personally Identifiable Information to our third party vendors and service providers who we may engage to assist us in making the Site and Services available, and to perform information processing and management on our behalf. We may also disclose your Personally Identifiable Information to our third party business partners for the purposes set forth above. We require these third parties to process Personally Identifiable Information strictly in accordance with our instructions and the terms of this Privacy Policy, and we require them to use other appropriate security and confidentiality measures to protect your Personally Identifiable Information. Without limiting the foregoing, you acknowledge and agree that any PayPal, credit card or other financial account information that you provide to Balluun in connection with your use of the Services may be shared by Balluun with third party service providers who work on Balluun's behalf, such as payment processors and/or credit agencies, solely for the purposes of verifying your identity, checking credit, or effecting payment to Balluun, Buyers and Sellers, and otherwise servicing your Account.

We may also disclose your Personally Identifiable Information to Registered Users, Buyers and Sellers to facilitate transactions in which you participate as a Buyer or Seller through the Services.

We may disclose your Personally Identifiable Information without seeking your consent: (i) when we reasonably believe that we are required or permitted to do so by law, regulation or other government authority, including, without limitation, in response to valid legal processes, such as subpoenas, search warrants and court orders, or to establish or exercise our legal rights or defend against legal claims, or when we deem it appropriate or necessary to provide such information to law enforcement authorities; (ii) to enforce the terms of this Privacy Policy, the Terms of Service, or any other terms or conditions applicable to your use of the Site and Services; (iii) to protect and defend the property and other rights of Balluun, Registered Users, Buyers, Sellers, or third parties; and/or (iv) to protect the safety of our employees, agents, Registered Users, Buyers, Sellers, or third parties, including as required to detect and prevent fraud, security, or technical issues.

Balluun shall not be liable for any disclosure of your Personally Identifiable Information to third parties as set forth in this Privacy Policy, or any use or disclosure of your Personally Identifiable Information by such third parties.

Except as noted above, we will not share your Personally Identifiable Information with any other person or entity without your prior consent, except that we may transfer your Personally Identifiable Information to: (i) any current or future parent, affiliate or subsidiary of Balluun's; or (ii) a successor entity upon a sale, merger, consolidation or other corporate reorganization in which Balluun participates; provided however, that we will require your Personally Identifiable Information to be protected by a privacy policy that is at least as protective as the terms of this Privacy Policy.

Updating Your Personally Identifiable Information

You may update the Personally Identifiable Information about you that is stored in your Account at any time by logging into your Account and changing such information. The Terms of Service require you to keep such information current.

Deletion of Personally Identifiable Information

Upon receipt of a written request from you provided by e-mail or letter, and on condition that you have paid all outstanding fees due to Balluun and are otherwise in good standing with Balluun, you may request Balluun to delete your Personally Identifiable Information. Upon receipt of such request, Balluun will use good faith commercially reasonable efforts to delete your Personally Identifiable Information from its files and records; provided however, that: (i) Balluun shall be entitled to retain your Personally Identifiable Information to the extent that it is legally required to do so under applicable laws, rules or regulations; and (ii) you acknowledge that Balluun shall not be required to delete your Personally Identifiable Information from its archives, back-up files or other data storage locations if it would be unreasonably impractical or expensive for Balluun to do so, although Balluun will continue to comply with the terms of this Privacy Policy in respect of any of your non-deleted Personally Identifiable Information. You acknowledge and agree that upon deletion of your Personally Identifiable Information, Balluun will be unable to provide you with any copies of such Personally Identifiable Information and you are solely and exclusively responsible for keeping your own copies of any Personally Identifiable Information that you provide to Balluun.

Cookies

We may use small text files called cookies to uniquely identify your browser. A cookie is an element of data that a web site sends to your browser, which may then store it on your system. We use cookies so that we can improve the overall experience, quality and accuracy of our Site and Services. For example, a cookie can store your log-in information and Services user preferences. You can set your browser to notify you when you receive a cookie, and you can adjust your cookie settings in your browser to accept or reject cookies. However, you may not be able to effectively use certain features of the Site or Services if your cookies are disabled. We use cookies to assist us with the administration or the Site and Services, to enhance the user experience in using the Site and Services, to improve the Site and Services, and for research and development. We may connect and store information that we derive from cookies associated with your use of the Site and Services, with your Personally Identifiable Information.

Aggregate Information

The Site may track the total number of visitors to our Site and the number of users of our Services, the number of visitors to each page of our Site and Services, browser types, IP addresses and geographic locations of such visitors, and External Web Sites (defined below) linked to our Site and Services, and we may analyze this data in the aggregate. Such information will be maintained, used and disclosed in aggregate form only and except as otherwise permitted by this Privacy Policy, it will not contain, or be associated with, your Personally Identifiable Information. We may use such aggregate information to analyze trends, administer the Site and Services, or gather broad demographic information about aggregate use, in each case for our use in developing, providing and improving the Site and Services, for the other uses specified in this Privacy Policy, and for our other business purposes.

Links to Third Party Sites

The Site and Services may provide links to other web sites or resources over which Balluun does not have control ('External Web Sites'). Such links do not constitute an endorsement by Balluun of those External Web Sites. You acknowledge that Balluun is providing these links to you only as a convenience only, and you further agree that Balluun is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security

We employ procedural and technological security measures that are reasonably designed to help protect your Personally Identifiable Information from loss, unauthorized access, disclosure, alteration, or destruction. In this regard, Balluun uses firewalls, password protection, encryption, secure data connections, physical and personnel access restrictions to our production servers, and other security measures. While we strive to do our best to protect your privacy, Balluun cannot guarantee that unauthorized access to, or disclosure of, your Personally Identifiable Information will never occur.

Children's Privacy

Balluun recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Site and Services are only intended for persons who are aged 18 or older; the Site and Services are not intended for persons under 18 and Balluun does not knowingly collect Personally Identifiable Information from such persons. If you are under the age of 18, your parent or legal guardian cannot consent to your use of the Site and Services.

Processing of Personal Information

Our computer systems are currently based in the United States of America ('U.S.') so your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. In addition, the servers of our third party vendors and service providers may be located in the U.S. or other countries. By using the Site and Services as a visitor from outside the U.S., you agree to this Privacy Policy and you consent to the transfer of all such information to the U.S. and other countries, which may not offer an equivalent level of protection to that required in the European Union or other countries, and to the processing of that information as described in this Privacy Policy.

Your Use of Third Party Personally Identifiable Information

You agree that you will collect, store, transmit, publish, process, use, and disclose Registered User, Buyer, Seller, and other third party Personally Identifiable Information, (to the extent that you are permitted to conduct any of such activities through your use of the Services), solely in accordance with the terms of your privacy policy. Your privacy policy or a hypertext link to such privacy policy, must be prominently displayed on your Storefront. You hereby represent and warrant that you will not collect, store, transmit, publish, process, use, or disclose any Registered User, Buyer, Seller or third party Personally Identifiable Information in violation of the Terms of Service, your Terms of Sale (including, without limitation, the terms of your privacy policy), or any applicable local, state, federal or foreign privacy, consumer protection or other laws, rules or regulations.

Questions

If you have any questions regarding this Privacy Policy or the manner in which we use your Personally Identifiable Information, you may contact us by email at [privacy@balluun.com], or write to us at the following address:

Privacy
Balluun, Inc.
950 Tower Lane, Suite 1775
Foster City, CA 94404
United States of America

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