TYB, Inc. Privacy Policy

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LAST UPDATED: September 24, 2024

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This Privacy Policy explains how TYB, Inc., and its Brand Partners, (“TYB,” “we,” or “us”) collects, uses, and discloses information about you. This Privacy Policy applies when you use our websites, mobile applications, and other products and services that link to this Privacy Policy (collectively, our “Services”), contact our customer service team, engage with us on social media, join a Brand Partner community, or otherwise interact with us. If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. 

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This Privacy Policy contains information on our use of your personal information in accordance with relevant laws and regulations, including, where applicable, the California Consumer Privacy Act (“CCPA”), the Virginia Consumer Data Protection Act (“CDPA”) and the EU General Data Protection Regulation (the “GDPR”).

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Except as otherwise set forth herein, this Privacy Policy does not apply to information that we process as a service provider on behalf of third-party brands (our “Brand Partners”), such as information about your access to, or use of a Brand Partner’s website or community page that is powered by TYB. For information about how our Brand Partners collect, use, and share personal information, please see their privacy policies, or contact them directly for more information. 

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We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

PRIVACY OF CHILDREN

TYB's products and services are not directed to or intended for children.

TYB does not offer services to minors and does not knowingly collect personal information from children under the age of 18. If you believe we have collected Personal Data from your child in error, please notify us using our contact details in the “ Contact Us” section below.

COLLECTION OF INFORMATION 

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Information You Provide to Us 

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We collect information you provide directly to us. For example, you share information directly with us when you create an account on our website and/or mobile application, register for a TYB wallet, sign up to receive our emails, fill out a form, request customer support, tell us which Brand Partners you are interested in, join a Brand Partner community, or otherwise communicate with us. The types of personal information we may collect include your username, email address, profile picture, bio, and any other information you choose to provide.

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We also work with a third-party payment processor that collects and processes credit card and other payment information in connection with purchases you make from us. When you provide information to the third-party payment processor, the third-party payment processor will process your credit card and other information in accordance with its privacy policy, and we encourage you to review this privacy policy before providing your payment information. 

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If you sign up as a representative of a brand, the types of personal information we may collect include your name, email address, job title, company name, and any other information you choose to provide. 

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Information We Collect Automatically When You Interact with Us 

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When you access or use our Services, we automatically collect certain information, including: 

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Transactional Information: When you make a purchase from us, we collect information about the transaction, such as product details, purchase price, and the date of the transaction.

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Device and Usage Information: We collect information about how you access and use our Services, including, data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as which Brand Partners you like or add to your account, actions you take to unlock rewards, access times, pages viewed, links clicked, and the page you visited before navigating to our Services.

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Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Your Choices section below for details).

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Information We Collect from Other Sources 

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We collect information about you from other sources and link or combine it with the information we collect directly from you. For example, we may collect information from our Brand Partners if you decide to register as a fan and follow certain Brand Partners via your TYB wallet. The information we may receive from these Brand Partners includes names, email addresses, and purchasing data. 

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We also collect information, such as your name and email address, if you create an account or log into our Services using your credentials from a third-party platform (such as Apple or Google), in accordance with the authorization procedures determined by such platform.

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Information We Derive 

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We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address. 

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USE OF INFORMATION 

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TYB and its Brand Partners use the information we collect to deliver the products and services you request and customize your experience with us. We also use the information we collect to:

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Provide, maintain, and improve our products and services, including our rewards program; 

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Process transactions and send you related information, including confirmations, receipts, customer experience surveys, and other notices;

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Personalize and improve your experience on our Services;

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Send you technical notices, security alerts, and support and administrative messages; 

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Respond to your comments and questions and provide customer support;

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Communicate with you about products, services, and events offered by TYB, our Brand Partners and others, and provide news and information that we think will interest you. By providing your email address and/or phone number, you agree to receive emails and/or text messages from TYB and any Brand Partner whose community you join(see the Your Choices section below for information about how to opt out of these communications at any time);

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Monitor and analyze trends, usage, and activities in connection with our Services;

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Facilitate contests, sweepstakes, and promotions and process rewards; 

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Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of TYB and others;

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Debug to identify and repair errors in our Services;

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Comply with our legal and financial obligations; and

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Carry out any other purpose described to you at the time the information was collected.

Special Category Data and Criminal Conviction Data:

Special Category Data: We do not collect special category data (such as data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, or data concerning a person's sex life or sexual orientation) through our Service.

Criminal Conviction Data: We do not collect or process data related to criminal convictions and offenses.

Cached Data:

Data Caching: We cache previews of your data to enhance your user experience and provide faster access to frequently used information. This cached data is stored temporarily and is used solely to improve the performance of our Service.

By providing detailed information on how we collect data, both directly and indirectly, and clarifying our stance on special category data and criminal conviction data, we aim to offer greater transparency and ensure that you are fully informed about our data collection practices.

SHARING OF INFORMATION 

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We share personal information in the following circumstances or as otherwise described in this policy: 

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We share personal information with vendors, service providers, and consultants that need access to personal information in order to perform services for us, such as companies that assist us with web hosting, payment processing, fraud prevention, customer service, marketing and advertising, and managing our rewards program;

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If you post content in a public area of our Services, this information will be visible to other users of our Services;

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We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;

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We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of TYB, our customers, the public, or others;

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We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests;

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We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company; 

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We may share personal information with our current and future parents, affiliates, and subsidiaries and other companies under common control and ownership; and

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We share personal information with your consent or at your direction.

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We also share aggregated or de-identified information that cannot reasonably be used to identify you. 

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TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES

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TYB is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, we and our service providers may transfer your personal information to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.

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COOKIES AND GOOGLE ANALYTICS

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We may use cookies and other technologies or methods of web and mobile analysis to gather, store, and track certain information related with your access to and activity through the Services, including when you visit our website.

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TYPES OF COOKIES WE USE

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As mentioned above, we will collect certain information about you when you visit our website. We collect such information through the following technologies (collectively, “cookies”):

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Cookies. Cookies are small pieces of information that a website assigns to your device while you are viewing a website. Cookies may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”). Additionally, some cookies may be temporary and erase when you close your browser (“session cookies”), and others may remain for a set duration (“persistent cookies”).

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Log Files. Tools that track actions occurring on the site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

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Web Beacons. These “tags” and “pixels” are electronic files used to record information about how you browse our website.

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Social Media Widgets. These are tools that allow us to provide certain social media features such as links to Facebook, Instagram, and Twitter. These social features are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

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Cookies are very helpful and may be used for various different purposes such as delivering personalized services. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and the Services quicker, easier and smoother. Our website may use the following types of cookies:

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Strictly Necessary Cookies. These cookies are required for the operation of our website, and are essential to enable you to login, navigate around and use the features of a website, or to provide a service requested by you. We do not need to obtain your consent in order to use these cookies.

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Functionality Cookies. These cookies allow the website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by using a cookie to store information about the region in which you are currently located, remember changes you have made to text size, fonts, and other parts of web pages that you can customize, and provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect remains anonymous and they cannot track your browsing activity on other websites.

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Performance/Analytics Cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors use a website, for example which pages you go to most often, and record difficulties you may experience while using the Website, for example error messages. All information collected by these cookies is aggregated and therefore anonymous. It is only used to improve the efficiency of the website. We also use a tool called Google Analytics to collect information about your use of the Services. Google Analytics collects information such as how often users access the Services, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with information. Google’s ability to use and share information collected by Google Analytics about your visits to our website is restricted by the Google Analytics Terms of Service and the Google Privacy Policy.

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Targeting/Advertising Cookies. These cookies are used to deliver advertisements tailored to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization. For more information about online behavioral advertising cookies and online privacy, please see the guide produced by the internet advertising industry available at youronlinechoices.com.

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HOW TO CONTROL COOKIES

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Your browser is likely set to accept cookies. However, if you would prefer not to receive them, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies (as explained below), it is possible that some areas of our website will not function properly when you view them.

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You can control our uses of cookies through your internet browser or through third party tools:

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Internet Browser. You can control cookies through most browsers by changing your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser.

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Third Party Tools. You can also visit http://www.allaboutcookies.org/ where you will find comprehensive information on cookie management and blocking which pertains to a wide variety of cookies. As noted above, our website uses Google Analytics to collect information about how visitors are using our website. Google Analytics has its own cookies that it uses to track and aggregate this information. You can prevent the use of Google Analytics relating to your use of our website by downloading and installing the browser plugin available here.

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ADVERTISEMENTS AND ADVERTISING TOOLS

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Advertisements

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We may use a third-party advertising technology to serve advertisements when you use the Services. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser). We may also use our third-parties and share with them Users’ information to assist us in evaluating the success of our advertising campaigns and help us retargeting our Users.

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Advertising ID and Advertising Identifier

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The Google Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we may collect and use it for advertising and user analytics purposes. We may also use Apple’s Advertising Identifier (IDFA), which is a non-permanent device identifier provided by Apple, and any information obtained through the use of the Advertising Identifier, for the purpose of advertising. By downloading or using the Services you explicitly agree that we may associate your Advertising ID and your Advertising Identifier with your applicable persistent device identifier. This will facilitate our ability to improve your personalized experience. Further, we may use other persistent identifiers for non-advertising purposes. If your device does not have Advertising ID or Advertising Identifier respectively, we will use other identifiers.

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How to Control Certain Advertising Technology

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You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective sites: https://optout.networkadvertising.org or https://optout.aboutads.info [EU users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance] You may also control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences.

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Additionally, your mobile device operating system may provide mechanisms that allow users to opt out of the use of information about their usage of mobile apps to deliver targeted ads to their mobile device. For more information, or to opt out using these mechanisms, consult your device settings.

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FOR HOW LONG WE RETAIN YOUR INFORMATION

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How long we keep your information will vary depending on the type of information and our reasons for collecting it. The retention period will be determined by various criteria, including the purposes for which we are using it (as it will need to be kept for as long as is necessary for any of those purposes) and our legal obligations (as laws or regulations may set a minimum period for which we have to keep your information). In general, we will retain your information for as long as we require it to perform our contractual rights and obligations, resolve disputes and enforce our policies and agreements, or for periods required by our legal and regulatory obligations.

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HOW WE PROTECT YOUR INFORMATION

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We take great care in implementing and maintaining the security of the Services and your information. We will take reasonable steps and use technical, administrative and physical security measures appropriate to the nature of the information and that comply with applicable laws to protect information against unauthorized access and exfiltration, acquisition, theft, or disclosure. Although we take enhanced steps to safeguard information, given the nature of information security, there is no guarantee that such measures will always be successful. We cannot be responsible for the acts of those who gain unauthorized access or abuse the Services, and we make no warranty, express, implied or otherwise, that such access will be prevented. If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse the Services or acted in an inappropriate manner, please contact us directly at help@tyb.xyz.

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EU/UK BASED USERS AND THE GDPR

If you are a resident in the European Economic Area, under European Union law, including the provisions of the General Data Protection Regulation (GDPR), or if you are a resident of the United Kingdom, under the Data Protection Act 2018, you have several rights regarding your personal data. These rights include:

• Right of Access: You have the right to access the personal data we hold about you. This is known as a Subject Access Request (SAR). To initiate a SAR, please email us. In your email, please include the following information to help us process your request efficiently:

o The email address associated with your account

o A description of the information you are requesting

We will respond to your request within the time frame required by GDPR, typically within one month.

• Right to Rectification: You have the right to request the correction of any inaccurate or incomplete personal data we hold about you. If you believe that any information we have is incorrect or incomplete, please contact us to make the necessary corrections.

• Right to Erasure: Also known as the "right to be forgotten," you have the right to request the deletion of your personal data under certain circumstances, such as when the data is no longer necessary for the purposes for which it was collected or if you withdraw your consent.

• Right to Restriction of Processing: You have the right to request the restriction of processing your personal data under certain conditions, such as when you contest the accuracy of the data or object to the processing.

• Right to Object to Processing: You have the right to object to the processing of your personal data for certain purposes, such as direct marketing or when processing is based on legitimate interests.

• Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller, where technically feasible.

To exercise any of these rights, please contact us directly at help@tyb.xyz. We will respond to your request within the time frame required by GDPR, typically within one month. If we are unable to comply with your request, we will provide an explanation.

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Additional Information for California and Virginia Residents

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The CCPA and CDPA impose certain obligations on us and grants certain rights to California and Virgina residents  with regard to “personal information.” If you are a California or Virginia Resident, please review the following information about our privacy practices surrounding how and why we collect, use, disclose, and share your personal information and your potential rights with regard to your personal information. The rights described in this section are subject to exemptions and other limitations under applicable law.

California-specific disclosures apply solely to individual residents of the State of California, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”). In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

For purposes of this section, the term “Personal Information” has the meaning given to “personal data,” “Personal Information,” or other similar terms in the CCPA and does not include information exempted from the scope of the CCPA, such as publicly available information. “Sensitive Personal Information” has the meaning given to such term in the CCPA.

Your Privacy Rights. We do not “sell” or “share” Personal Information as those terms are defined in the CCPA (and have not done so during the prior 12 months). We do not engage in any “Profiling” (as such term is defined under the CCPA) in furtherance of decisions that produce legal or similarly significant effects about you, where regulated by the CCPA. We also do not use or disclose Sensitive Personal Information for purposes that California residents have a right to limit under the CCPA, and where required by applicable law, we obtain your consent before we collect Sensitive Personal Information from you.

• Right to Know. You have the right to request disclosure of Personal Information that we collect about you and how it is used and shared.  
• Right to Correct. You may request to correct inaccurate Personal Information that we have collected about you. 
• Right to Request Deletion. You may ask us to delete certain Personal Information that we have collected from you.
• Right to Opt-Out of Sale of Personal Information. You have the right to opt out of the sale of your Personal Information. Please note that we do not sell any Personal Information. 
• Right to Limit Disclosure. You have the right to limit the use and disclosure of Sensitive Personal Information about you. 
• Right to Non-discrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by applicable law.

Exercising your rights. If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws. To verify your identity, we may require government identification, a declaration under penalty of perjury, or other information, where permitted by law.

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We will try to respond to your Requests to Know or to Delete within forty-five (45) days of receipt of the request. If we require more time, we will try to inform you of our need for an extension. Even with an extension, we will try to provide a response within ninety (90) days of initial receipt of the request.

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Keep in mind that we are not required to provide information in response to Requests to Know more than twice in a 12-month period. Any response to a Request to Know will only cover the 12-month period preceding the verifiable request.

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ADDITIONAL PRIVACY RIGHTS

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You have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. Except as otherwise set forth above regarding Brand Partners,  we do not currently disclose any of your personal information to third parties for their direct marketing purposes.

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Some web browsers have a “Do Not Track” feature. This feature lets you tell Sites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our website is not currently set up to respond to those signals.

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YOUR CHOICES 

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Account Information 

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You may update and correct certain account information at any time by logging into your account or emailing us at help@tyb.xyz. If you wish to delete your account, please email us at help@tyb.xyz, but note that we may retain certain information as required by law or for our legitimate business purposes.

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Location Information 

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When you first launch any of our mobile apps that collect precise location information, you will be asked to consent to the app’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. You may also stop our collection of this location information by following the standard uninstall process to remove all of our mobile apps from your device. If you stop our collection of this location information, some features of our Services may no longer function properly.

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Cookies 

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Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services. 

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Communication Preferences 

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You may opt out of receiving promotional emails from TYB by following the instructions in those communications. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

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CONTACT US 

If you have any questions about this Privacy Policy, please contact us at help@tyb.xyz.

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