Privacy Policy

Last Updated: September 12, 2023

My State, LLC (“State”, “we”, “us”, “our”) is a Delaware limited liability company. We have adopted this Privacy Policy to make it easy for you to understand what sorts of information State collects and how we use that information. This Privacy Policy discloses information we collect, process, and use when you visit our website (the “Site”) or through our applications (the “Apps”) (the Site and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of State). Please read this Privacy Policy carefully. If you do not consent to the practices detailed in this Privacy Policy you should not use the Products.

We may update this Privacy Policy from time to time. All changes are effective immediately when we post them and we will use reasonable efforts to alert you about any changes by updating the “Last updated” date of this Privacy Policy. By continuing to use the Sites or Services after the date such revised Privacy Policy is posted, you will be subject to, and be deemed to have accepted, the changes therein.

1. DATA COLLECTION

While using our Products we collect certain information that can be used to contact or identify you (“Personal Information”). The Personal Information we collect can include the following, which for reference is categorized under the letters set forth in the California Privacy Rights Act (California Civil Code 1798.140(v)(1)):

• (A) Identifiers such as a real name, unique personal identifier, email address, account name, or other similar identifiers.
• (B) Any personal information described in subdivision (e) of California Civil Code Section 1798.80.
• (D) Commercial information, including records of products or services purchased.
• (F) Internet or other electronic network activity information, including, but not limited to, information regarding a consumer’s interaction with our Products and how users arrived at the Site.

We collect this information in the following ways:

• You may voluntarily provide us certain information, for example your real name or email address, when you interact with the Product.
• Our servers collect certain information from your browser or device when you visit our Site, sometimes called “Log Data.” Log Data includes information such as your device’s IP address, browser type, browser version, language, connection type, and the time and date of your request.
• Our service providers that administer Services for us, for example our hosting provider(s) or analytics providers may provide us access to certain information we request from time to time.
• We and our service providers use cookies, pixels, and other technologies to track your Internet activity on our Services and other websites, in accordance with our Cookie Policy below.

2. USE OF INFORMATION

We may use your Personal Information for the following purposes:

Delivery of Services. We may use your Personal Information in order to achieve our legitimate business interest of delivering Services you request or to fulfill contractual obligations to you.

Direct Marketing. With your consent, we may use your Personal Information to send you our related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications by following the unsubscribe link at the bottom of our marketing communications.

Product Optimization. We use analytics and search engine providers to assist us in the improvement and optimization of our Site and provide information to providers such as Google for these purposes.

To comply with laws and regulations. We may use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention and safety. We may use your Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with legal and contractual requirements; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including cyber-attacks and identity theft.

3. INFORMATION SHARING

We may share your Personal Information, for the purposes outlined above, with the following categories of recipients:

Service providers. We share your Personal Information with service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above.

Affiliated Companies. We may also share your Personal Information with our subsidiaries, affiliates and other related companies for purposes consistent with this Privacy Policy and providing you with our Products.

Business reorganization. We may share your Personal Information with any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Information would be transferred as an asset of State.

Mandatory Disclosures and Legal Rights. We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other legal or governmental request for information. We also share Personal Information to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.

We do not sell your Personal Information and will not do so in the future without providing you with notice. We may disclose your Personal Information for the following purposes, which are not a sale: (i) if you direct us to share your Personal Information, (ii) disclosures as part of a merger or asset sale, and (iii) as otherwise required or permitted by applicable law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your Personal Information.

4. STORAGE OF PERSONAL INFORMATION

Your Personal Information is stored in electronic files. Our Products are available globally and your information (including Personal Information) may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer your information to countries outside of your country of residence, which may have data protection rules that are different from those of your country of residence. By submitting your Personal Information to us or to a third-party via our Products, you acknowledge that you will be voluntarily transferring your Personal Information to a jurisdiction which may not provide the same privacy framework as other regions. If you live in the European Economic Area (the “EEA”) or the United Kingdom (the “UK”), the Personal Information that we collect from you may therefore be transferred to, and stored at, a destination outside the EEA or UK. It may also be processed by staff operating outside the EEA or UK who work for us or for one of our suppliers or partners. By submitting your personal information, you agree to this transfer, storing or processing outside of the EEA or UK. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy and the applicable data protection laws, including entering into appropriate data transfer agreements based on the standard contractual clauses approved by the European Commission or the UK government. Your Personal Information is protected by security measures appropriate to the nature of the information. In the event we become aware of a data breach where your personal information has been disclosed to unauthorized third parties, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach, and, if required by law, we will notify you if we think there is a high risk to your rights and freedoms. If you have any questions about our policy or security, you can write to us at support@shiftstate.io.

5. PROTECTION OF YOUR INFORMATION

We take our responsibility to protect your information very seriously. While no data transmission is guaranteed to be 100% secure, we use reasonable and appropriate security measures and practices to protect your Personal Information from unauthorized access, use, alteration, and destruction.

6. DATA COLLECTED FROM MINORS

We do not knowingly solicit data from or market to children under 13 years of age. If we learn that Personal Information from users less than 13 years of age has been collected, we will deactivate the account or cancel the order and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 13, please contact us at: support@shiftstate.io.

7. ACCESSING INFORMATION

Individuals may review their personal information contained in State’s Products via the Settings page within the State app. If an individual believes that any of their information is inaccurate, user must make appropriate corrections or contact customer service at support@shiftstate.io for assistance.

8. COOKIE POLICY

Cookies, pixel, beacons, and other tracking technologies (together, “cookies”) are used by State to distinguish you from other users of our Products. Cookies are small data files stored on your hardware that help us remember you and your settings and to collect information about how users use our Products. This helps us to provide you with a good experience when you use our Products and also allows us to improve our Products. By continuing to use the Products, you consent to our use of cookies in accordance with this cookie policy. If you are located in the European economic area, Switzerland, or the United Kingdom, we will obtain your consent before placing cookies on your device, except for strictly necessary cookies.

Necessary Cookies
Necessary cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences.

Functional Cookies
Functional cookies collect information about your interaction with functionalities provided on our Site and may be used to remember your preferences (such as your language preference), your interests and the presentation of the website (such as the font size). Without these cookies the Services may not perform properly.

Performance Cookies
Performance cookies allow us to recognize and count the number of visitors, to see how users arrived to the Site, and to see how visitors move around the Site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. Our service provider, Google, uses cookies to provide use analytical data on how our Products are used. To learn more about how these technologies work, please visit:

• https://policies.google.com/technologies/cookies
• https://www.tiktok.com/legal/page/global/cookie-policy/

Options and More Information
You can set up your browser options to stop your device accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use certain functionalities of our Products. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

9. LINKS

State’s Product(s) or website(s) may contain links to information at other websites. When you click on one of these links, you are moving to another website. These links are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your Personal Information. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.

10. INFORMATION STORAGE

Following termination or deactivation of your account we usually delete Personal Information, however State or its App Providers may retain information (including your profile information) for a commercially reasonable time (unless otherwise prohibited by applicable law) for backup, archival, and/or audit purposes, to meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our contracts, or fulfill your request to “unsubscribe” from further messages from us..

11. RESIDENTS OF THE EEA, SWITZERLAND, AND THE UNITED KINGDOM

The following section outlines the privacy rights that the General Data Protection Regulation (“GDPR”) and the United Kingdom data protection laws (including the data protection act 2018 and the UK GDPR) grant to residents of countries in the european economic area (“EEA”), Switzerland, or the United Kingdom (collectively referred to as “European residents”). As a European resident, you have additional rights regarding your Personal Information, including:

• The right to access. You have the right to request us for copies of your personal data.
• The right to rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
• The right to erasure. You have the right to request that we. erase your personal data, under certain conditions with exceptions provided for by the GDPR.
• The right to restrict processing. You have the right to request that we restrict the processing of your personal data, under certain conditions with exceptions provided for by the GDPR.
• The right to object to processing. You have the right to object to our processing of your personal data, under certain conditions with exceptions provided for by the GDPR.
• The right to data portability. You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions with exceptions provided for by the GDPR.
• The right to make a complaint to a data protection regulator. If you are a resident of the EEA or the UK, you can find your local regulator’s contact details here (EU) and here (UK).

You can withdraw your consent to our collection or processing of your Personal Information at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to such withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

Exercising Your GDPR Rights

To exercise any of the above rights, you must submit a request to us by email at: support@shiftstate.io. Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. We cannot respond to your request if we are unable to verify your identity or authority. Your verifiable request must include the reference “Request for GDPR Privacy Information” or “Request for Uk Privacy Information” in the subject line and the body of the message must:

• provide sufficient information that allows us to reasonably verify that you are the person whose Personal Information we have collected;
• describe your request with sufficient detail; and
• include an e-mail address or mailing address, as applicable, for us to send our response.

We strive to respond to verifiable consumer requests within 28 days; however, if we require an extension (up to an additional 28 days) we will inform you of this extension and the reason in writing.

The Site generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you.

12. CALIFORNIA & NEVADA RESIDENTS

Under the California Privacy Rights Act of 2020 (“CPRA”), California (“CA”) residents have certain rights regarding our collection, use, and sharing of their Personal Information. This Privacy Policy applies to “Consumers” as defined by the CPRA. In the event of a conflict between any of our policies, statements, or notices, including but not limited to this Privacy Policy, this section will prevail as to CA Consumers and their rights under the CPRA.

• Right to Request Deletion. You have the right to request that we delete any Personal Information about you that we maintain.

• Right to Request Correction. You have the right to request that we correct any inaccurate Personal Information that we maintain.

• Right to Know What Personal Information is Being Collected. You have the right to request that we inform you of the (i) categories of Personal Information we have collected about you; (ii) categories of sources from which any Personal Information is collected; (iii) business or commercial purpose for collecting, selling, or sharing any Personal Information we have collected about you; and (iv) categories of third parties to whom we have disclosed any Personal Information. The categories of Personal Information collected over the past 12 months and the categories of sources from which we collect Personal Information are outlined in the section above entitled "Information We Collect and How We Collect It.” The business/commercial purpose for the collected information is outlined in the section above entitled "How We Use Information We Collect.” The categories of third parties to whom we have disclosed any Personal Information is outlined in the section above entitled “How and When We Share Information.”

• Right to Access. You have a right to request a copy of the Personal Information that we have collected and maintained in the period that is 12 months prior to the request date.

• Right to Know What Personal Information is Being Sold. You have the right to request the (i) categories of Personal Information that we have sold or shared to a third party and the category of the third party to whom we sold or shared your Personal Information; and (ii) categories of Personal Information we have disclosed to a third party for a business purpose and the category of the third party to whom we disclosed your Personal Information. The categories of third parties to whom we have disclosed any Personal Information is outlined in the section above entitled “How and When We Share Information.” We do not sell your Personal Information to third parties and have not sold Personal Information in the preceding 12 months.

• Right to Opt Out of Sale and Sharing. To the extent we sell or share Personal Information, you have the right to direct us to opt out of that sale or sharing. We do not sell your Personal Information to third parties and have not sold Personal Information in the preceding 12 months.

• Nevada (“NV”) law also guarantees that Residents of NV have the Right to Opt-Out of any sale of your Personal Information. We do not sell Personal Information.

• Right to Limit Use and Disclosure of Sensitive Personal Information. You have the right to request that we limit the use of your Personal Information to only uses that are necessary to perform the services or provide the goods. We do not collect, use, or disclose any Sensitive Personal Information as defined in Section 1798.140(v)(1)(L)(ae) of the CPRA.

Under the California “Shine the Light” law, California residents may opt-out of a company’s disclosure of Personal Information to third parties for its direct marketing purposes, to the extent we disclose your Personal Information to third parties for such purposes. As detailed above, you may choose to opt-out of our sharing of your Personal Information with third parties for marketing purposes at any time by submitting a request to us by email or phone. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

Exercising Your Rights as a Resident of CA

If you have us with your Personal Information, you may exercise the above rights by submitting a verifiable consumer request to us by email at support@shiftstate.io or at the mailing address below.

Only you or a person registered with the CA Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. We cannot respond to your request if we are unable to verify your identity or authority. Your verifiable request must include the reference “Request for California/Nevada Privacy Information” in the subject line and the body of the message must:

• provide sufficient information that allows us to reasonably verify that you are the person whose Personal Information we have collected;
• describe your request with sufficient detail; and
• include an e-mail address or mailing address, as applicable, for us to send our response.

We strive to respond to verifiable consumer requests within 30 days; however, if we require an extension (up to an additional 60 days) we will inform you of this extension and the reason in writing. Data disclosure request will only include data collected within the 12-month period preceding the receipt of the verified request. We do not charge a fee to process requests to exercise your rights unless the requests are found to be excessive, repetitive, or unfounded.

If you are under 18 years of age, reside in CA, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in CA. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

If you have any questions or comments about the processing of your Personal Information, you may contact us at: support@shiftstate.io.

13. CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@shiftstate.io.