Effective Date: March 21, 2021

Capitalized terms used but not defined in this Thermal Privacy Policy (“Privacy Policy”) shall have the meaning provided in the Thermal Terms of Use (“Terms of Use”).

Thermal, Inc. (“we” or “us” or “our” or “Thermal”) is committed to protecting the privacy of users (“you” or “your”) in connection with the Platform. We created this Privacy Policy to explain how we collect, use, share, store, and secure your information in connection with the Platform.

By using the Platform, you accept the practices described in this Privacy Policy. ****Please carefully read this Privacy Policy, and if you do not agree to its terms, do not enroll in the Program or otherwise use the Platform.

We are not responsible for the content or privacy practices on any website or mobile application that we do not operate to which we provide a link or that links to us.

INFORMATION WE COLLECT ABOUT YOU

We need to collect information about you to provide you with the Platform. Additionally, you can choose to provide information to us.

Information You Provide to Us

• Registration Information. When you apply or sign up for Platform, you provide us your name; email address; mailing address; phone number; birthdate; passport, driver’s license, Social Security Number (or similar governmental identification number); other historical, contact, and demographic information, and authentication credentials (for example, information you use to login to your account).
• Other Information You Provide. You may provide information to us, including your survey responses; suggestions for improvements; referrals; or any other actions performed on the Platform.

Information We Collect From Your Use of the Platform

• Transaction Information. When you use the Platform, we collect information about when and where your transactions occur, the payment or transfer amounts, and the devices and payment methods used to complete the transactions.
• Usage Information. We collect information about how you use the Platform, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Platform, your search terms, the website you visited before you visited or used the Platform, data about how you interact with the Platform, and other clickstream data.
• Information We Collect From Other Sources. When you apply and sign up for Platform, Thermal and Stripe share information with us about you, such as Registration Information (as defined above) and Transactional Data (as defined below).
• Identity Verification. When you apply and sign up for Platform, we may collect information from third-party verification services. In some circumstances, where lawful, this information may include your government-issued identification number.
• Compliance and Fraud. We may collect information about you from third parties in connection with any identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law.
• Transactional Data. To provide the Platform, we collect from Thermal information regarding your Thermal earnings, and we collect information from Stripe regarding the transactions processed through the Program.

HOW WE USE YOUR INFORMATION

We may use information about you for a number of purposes, including those listed below, but in no event will information about you be used in violation of the Stripe Privacy Notice.

Operating the Platform

• Providing, improving, personalizing and developing the Platform;
• Communicating with you about the Platform;
• Protecting the Platform and maintaining a trusted environment;
• Processing or recording payment transactions or other transfers;
• Providing you with Platform products and features you choose to use;
• Displaying your historical transaction information;
• Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages, including to resolve disputes, collect fees, and provide assistance for problems with the Platform;
• Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Platform.

Communicating with You About the Platform

• Sending you information we think you may find useful or which you have requested from us about the Platform; and/or
• Conducting surveys and collecting feedback about the Program and/or the Platform.

Protecting the Platform / Maintaining a Trusted Environment

• Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account;
• Protecting our or your rights or property, or the security or integrity of the Program and the Platform;
• Enforcing our Terms of Use or other applicable agreements or policies;
• Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
• Fulfilling any other purpose disclosed to you in connection with the Program or the Platform; and/or
• Contacting you to resolve disputes, collect fees, and provide assistance with the Platform.

Other Uses

• For any other lawful purpose disclosed to you in connection with the Platform from time to time.

HOW WE SHARE YOUR INFORMATION

Notwithstanding anything to the contrary herein, any information that we receive about you will always be subject to the StripePrivacy Policy. Subject to foregoing notice, we may share information about you as follows:

With Bank Approved Third Parties

• With Stripe approved third parties as necessary to provide, maintain, and improve the Platform, including Thermal, service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection) and payment networks, provided that we will not share information if to do so would violate any agreement we have with Stripe.

Business Transfers and Corporate Changes

• To a subsequent owner, co-owner, or operator of the Platform; or
• In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.

Safety and Compliance with Law

• If disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our Terms of Use or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of the Platform; or (iv) to protect us, users of the Platform or the public from harm, fraud, or potentially prohibited or illegal activities; provided that we will not share information if to do so would violate any agreement we have with Stripe.

With Your Consent

• With your consent, provided that we will not share information if to do so would violate any agreement we have with Stripe. For example:
  • At your direction or as described at the time you agree to share; or
  • When you authorize a third party application or website to access your information.

Aggregated and De-Identified Information

• We also may share (within our group of companies or with third parties) aggregated and de-identified information that does not specifically identify you, your transactions, or any individual user of the Platform.

HOW LONG WE RETAIN YOUR INFORMATION

We retain your information as long as reasonably necessary to provide you the Platform, or to comply with applicable law. However, even after you cancel the Platform, we can retain copies of information about you and any transactions you made in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with the Platform, to assist with investigations, to enforce our Terms of Service, or to take any other actions consistent with applicable law.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

We use various technologies to collect information when you access or use the Platform, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use the Platform. For more information and to learn how to block or delete cookies used in the Platform, visit https://www.allaboutcookies.org

Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Platform and, as such, will last longer.

We may use cookies to:

• Remember that you have visited us or used the Platform before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
• Collect data about the way you interact with the Platform (e.g., when you use certain features).
• Collect anonymous statistical information about how you use the Platform (including the length of your web or application session) and the location from which you access the Platform, so that we can improve the Platform and learn which elements and functions of the Platform are most popular with our users.

Some of the cookies used in the Platform are set by us, and others are set by third parties who deliver services on our behalf.

Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Platform, you may not be able to take full advantage of the Platform.

We also may collect information using web beacons. Web beacons are electronic images that may be used in the Platform or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

CHILDREN’S INFORMATION

The Platform is only available to individuals 18 years of age or older. If we obtain actual knowledge that any personal information we collect has been provided by a child under the age of 13, or If you believe that a child has provided personal information to us and contact us using the contact information detailed below, we will promptly delete that information.

YOUR CHOICES

Personal Information

You may access, change, or correct information that you have provided by logging into the Platform at any time.

Closing Your Account

If you wish to close your account, you can do so by emailing us at help@thermal.travel.

Location Information

In order to provide certain functions of the Platform, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Platform features will not function properly and you will not be able to use those Platform features.

Promotional Communications

You can opt out of receiving promotional messages from us by following the instructions in those messages or by changing your notification settings by logging into the Platform. Opting out of receiving communications may impact your use of the Platform. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.

California Privacy Rights

California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at: help@thermal.travel.

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We do not have a mechanism in place to respond to DNT signals.

SECURITY

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.

STORAGE AND PROCESSING

We may use third-party service providers to process and store your information in the United States, Canada and other countries.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your account at any time. Your continued use of the Platform constitutes your acceptance of any amendment of this Privacy Policy.

CONTACT

Please contact our Privacy Department with any questions or concerns regarding this Privacy Policy.

Thermal, Inc.

664 Wisconsin Street

San Francisco, CA 94107

help@thermal.travel

If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.