Creating a Niche Community for Creators: How to Stand Out in a Crowded Market

TERMS OF USE

1. INTRODUCTION

Hello! Welcome to Networked.co and our Terms of Use. These terms are our contract with you (the “Contract”), inclusive of any modifications described below.  This Contract will help you understand better what’s important for us to provide the Service to you and your access to the full power of our website. Please read the provisions of this Contract carefully before using the www.networkëd.co website and the Networkëd mobile application and capabilities provided by them (collectively, or individually, the “Service” or “Services”) operated and owned by Game Change Agency LLC (“GCA”, “us”, “we”, or “our”).

This Contract lists your rights and obligations, the extent and limits of our responsibilities regarding your usage of the Service, the consequences of any breach of the contract, the modes of termination and modification of this Contract and other things that you must keep in mind while using the Service.

Please take note of the following:

2. CONTRACT, USERS AND COMMUNICATION
   1. Contract

BY INITIALLY ASENTING TO THESE TERMS OF USE BELOW AND/OR BY REGISTERING, ACCESSING OR USING GCA SERVICES (FURTHER DESCRIBED BELOW),YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH GCA ON BEHALF OF YOURSELF AND ANY COMPANY ON WHOSE BEHALF YOU ARE USING OUR SERVICES.. Your acceptance of and compliance with this Contract will determine your access to and usage of the Service. This Contract applies to all Visitors, Users (defined below) and others who wish to access or use the Service.

In case, you wish to terminate this Contract, you can do so by terminating the access or usage of our Services and deactivating your registered account.

Service/s: This Contract applies pursuant to a subscription to networked.co other networked-related sites, apps, communications and other services that state that they are offered under this Contract .

Our Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates will govern the usage and sharing of the data, including personal data, collected from the Users and Visitors.

1. Users and Visitors

The term “Users” connotes a registered Networked user while the unregistered users are addressed as “Visitors”.

1. Change

We reserve the right, at our sole discretion, to modify or replace the terms of this Contract at any time.

We may modify this Contract and our Privacy Policy from time to time. In case of a material change being made to it, we will notify you (10 days in advance) of such changes through our Services or other electronic means. The notice will provide you an opportunity to review the changes and raise any relevant concern before such changes become effective. There can be no retroactive application of changes to this Contract.

You may deactivate your account if you do not agree with any changes. Your continued use of our Services after we notify you of the proposed changes will imply your consent to such changes.

1. Communications

By creating an account on our service, you agree to subscribe to the newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

3. THE OBLIGATIONS YOU HAVE UNDER THIS CONTRACT:
   1. Service Eligibility Criteria

You hereby warrant and represent that:

• You are above the age of 18.
• The information you provide to us is and will be accurate, complete and current at all times.

In case you provide us with inaccurate, incomplete, or obsolete information, we will have the right to immediately terminate your account on the Service.

1. Purchases Made by You

If you wish to purchase any product or service made available through the Service (“Purchase“), you may be asked to supply certain information relevant to your Purchase, such as your credit card number, the expiration date of your credit card, your billing address, your shipping information etc.

You warrant and represent that: (i) you have the legal right to use a credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may engage certain third-party services to facilitate payment and the completion of Purchases. By submitting your information, you allow us to share such information with these third parties, subject to our Privacy Policy.

We are entitled to refuse or cancel your order at any time for reasons such as: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or to cancel your order if we suspect fraud or any unauthorized or illegal transaction.

1. Your Account

Users are account holders. You agree to:

• Not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without being authorised to do so.
• To not use as a username any name that is offensive, vulgar or obscene.
• Use a strong password and keep it confidential;
• Not transfer any part of your account (e.g., connections) and
• Accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
• Follow the law and our list of “other obligations”.
• Your responsibility for anything that happens through your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content uploaded by you, or cancel orders in our sole discretion.

1. Your Payment Obligations

You agree to honor your payment obligations and also allow us to store your payment information. You understand that there may be additional fees and taxes to our prices.

Except when required by law, paid subscription fees are non-refundable.

Game Change Agency LLC, in its sole discretion and at any time, may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the earlier of the end of the then-current billing cycle or when the next subscription fee is due.

We will provide you with a notice of at least 24 hours before making any changes in the subscription fees, which notice should give you an opportunity to terminate your subscription before such change becomes effective.

Your use of the Service after the subscription fee change comes into effect, is considered as your agreement to pay the modified subscription fee amounts.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms, to be agreed upon through a separate agreement.

1. Notices and Messages

We can provide you notices and messages through our websites, apps, and contact information shared by you. You are solely responsible for reviewing important notices and for missing any such notices because of erroneous or dated contact information, or failure to check or fully read such information.

3. RIGHTS AND LIMITATIONS
   1. The Content and Your License to Networked

GCA hereby grants you a non-exclusive, non-transferable, revocable limited license to access and use the Networkëd mobile application (the “App”) and www.networked.co website and all contents thereof (the “Licensed Property”) solely for your own personal use. You agree that you will not use the Licensed Property for any other purpose and that you have no additional rights in the Licensed Property other than those defined explicitly under this Contract.

“Content” is any information supplied to GCA by you or on your behalf, including, without limitation, feedback and personal information. You will retain all rights to such information, subject to authorising GCA the right to use the information as provided below.

You hereby grant GCA a non-exclusive worldwide license to use, copy, modify, distribute, publish and process, Content (inclusive of unrestricted content about you that may be obtained from third-parties) and/or modification thereto, without any further consent, notice and/or compensation to you or others.  GCA may transfer or sublicense any or all of the foregoing rights, subject to your termination rights set forth below.

The following limitations will apply to the abovementioned grant of rights:

1. The license to such Content will terminate once you delete any individual post (as to specific Content) or deactivate your account, except (a) In case such data is copied, re-shared or stored by you with others and (b) for the reasonable time taken for removal of such data from backup and other systems.
2. In order to include your Content in advertisements for products and services of third parties, we will seek your separate consent. But we have the right to serve ads near your Content without any payment, and your social actions on the App or Website may be visible and included with ads.
3. Others Users or Visitors who may have access to your Content through the Services will not be granted rights to publish your Content beyond the Services without your prior permission (unless those Users or Visitors are also sublicensees per the license granted by you to GCA above.  However, in case you share your post as “public”, other Users will be allowed to embed that public post onto third-party services, which will be identifiable and accessible by search engines.
4. As part of the license above we are allowed without limitation to edit and make certain format changes to your Content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata). However, the essence of your expression will not be altered.

You agree that we may access, store, process and use any information and personal data – as described in the Privacy Policy and your choices (including settings) – that you provide to us.

You may submit suggestions or other feedback regarding our Services, however, you agree that we are not obligated to compensate you for such feedback or suggestions.

1. The Content You Share

You will be able to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material as Content on the Service. However, you are responsible for the Content that you post on or through the Service, including its legality, reliability and appropriateness.

By posting Content on or through the Service, you warrant and represent that: (i) the Content is yours (you own it and that it isn’t plagiarised) and/or you have the right to use it and grant us the rights and license as provided in this Contract and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  We reserve the right to terminate the account of any User found to be infringing on any third-party or GCA right, including without limitation privacy or copyrights.

You retain any and all of your rights to the Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We are not responsible for the Content shared by you or any third-party on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service, as further defined in Sec. 3.a above. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to this Contract.

We can, but are not obligated to monitor and edit all content provided by Users. As between you and GCA, the content found on or through this Service, other than your Content is the property of GCA. You may not distribute, modify, transmit, reuse, download, repost, copy, or use such content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

1. Service Availability, Errors and Inaccuracies

To provide you with a seamless experience, we constantly need to update our product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may, in certain cases, not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore have the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We don’t promise to store or keep showing any information and Content that you’ve posted. You agree that we have no obligation to store, maintain or provide you a copy of any Content or content that you or others provide, except to the extent required by the law applicable on this Contract and as noted in our Privacy Policy.

1. Other Content, Sites and Apps

We generally do not review content provided to us by our Users or others. You agree that we are not responsible for others’ (including other Users’) content or information. The misuse of our Services is not always preventable, and you agree that we are not responsible for any such misuse by third parties.

We merely act as a link between Users offering their services (career coaching, accounting, etc.) and Users seeking such services. We do not perform or employ individuals to perform these services ourselves.

In order to offer, perform or procure these services you must be above 18 years of age.

In case we help you register for and/or attend events organized by Users and connect with other Users who are attendees at such events, you agree that:

• We are not responsible for the conduct of any of the Users or other attendees at such events;
• We do not endorse any particular event listed on our Services;
• No event is reviewed and/or vetted by us; and
• That you will comply with all applicable terms and conditions for such events.
  1. Certain Limitations on the Use of the Service

We have the right to limit how you connect and interact on our Services.

We may limit your use of the Services, including the number of your connections and your ability to contact other Users.

We can terminate, restrict or suspend your account if you are found to be in breach of this Contract or any applicable terms and conditions.

4. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
   1. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim regarding infringement of copyright or other intellectual property rights (“Infringement”) of any person or entity, and we are allowed to take appropriate actions in such a situation.

As an example, Infringement may happen through copying or plagiarising someone’s work without their explicit permission.

If you are a copyright owner, or authorized on behalf of one and you believe that your/their copyrighted work has been copied in a way that constitutes Infringement, and such infringing content has been disseminated through GCA Services or websites, please bring this to our attention by writing to us at dmca@networked.co, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

If you are found liable of misrepresentation or bad-faith claims alleging Infringement of any Content found on and/or through the Service on your copyright, which includes frivolously claiming such Infringements, you may be liable for damages (including costs and attorney’s fees).

1. Intellectual Property Rights Protection

The Service and its original content (excluding content provided by Users), features and functionality are and will remain the exclusive property of GCA and its licensors (or anyone allowed by us). The Service is protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GCA.

1. DMCA Notice and Procedure for Copyright Infringement Claims

The DMCA aims at preventing any copyright violation in the U.S.A. In case of an infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at dmca@networked.co

5. COOKIES< AUTOMATED PROCESSING AND PROMOTIONS
   1. Cookies Policy

Cookies are files with a small amount of data which may include an anonymous unique identifier, which are sent to your browser from a website and stored on your device. We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Other tracking technologies such as beacons, tags and scripts to collect and track information and to improve and analyze our Service are also used. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

1. Automated Processing

We make suggestions to you and others regarding use of the Service. We may use your Content for that purpose. We use your information and Content to make recommendations for connections, additional content and features that may be useful to you.

For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

1. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Contract. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the provisions of this Contract, the conflicting Promotion rules will apply as to that Promotion only.

6. DISCLAIMER AND LIMITS OF LIABILITY

PLEASE NOTE THE FOLLOWING DISCLAIMER OF LEGAL LIABILITY FOR THE QUALITY, SAFETY, OR RELIABILITY OF OUR SERVICES.

In no event will Game Change Agency LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

(i) your access to or use of or inability to access or use the Services;

(ii) any conduct or content of any third party on the Services;

(iii) any content obtained from the Services; and

(iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.

1. No Warranty

You agree that you are using this Service completely at your own risk. We do not provide any Warranty regarding the Service.

“Warranty” is a legal term that generally connotes a “promise” or a “commitment” regarding a product or service. So when we say that we “disclaim any warranty”, that means we aren’t promising that the Service will offer any particular result, outcome or set of results or outcomes or anything else. We provide this translation to help you read the Terms more easily, but it does not limit the application of the legal definition of “warranty” with respect to this Contract in any way.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

GAME CHANGE AGENCY LLC ITS SUBSIDIARIES, AFFILIATES AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

1. Exclusion of Liability

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In all such cases the limitations will apply to the maximum extent allowable.

1. Indemnification

You agree to defend, indemnify and hold harmless GCA and its licensee and licensors and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of this Contract, or c) Content posted on the Service.

In simpler terms, we cannot be held responsible for your conduct on the Service and if such conduct lands you in any kind of trouble, we cannot be held liable for it in any manner.

1. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by GCA.

GCA has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that GCA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7. TERMINATION OF THIS CONTRACT

Both you and GCA may terminate this Contract at any time with the following notice to the other.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Contract.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of this Contract which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. GOVERNING LAW AND DISPUTE RESOLUTION

This Contract will be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

9. CERTAIN GENERAL TERMS

• If a court with authority over this Contract finds any part of it unenforceable, we mutually agree that the court should modify the Contract to make that part enforceable while still achieving its intent. If the court cannot do that, we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. In other terms, both you and us will strive to keep this contract enforceable and valid.
• Our failure to enforce any right or provision of this Contract will not be considered a waiver of those rights or of our right to bring a claim pursuant to any breach in the future.
• This Contract (or your membership or use of Services) is non assignable and non-transferable to anyone without our consent. However, we may assign this Contract to our affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
• This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) constitutes the entire agreement between us regarding the Services and subject matter hereof and it supersedes and replaces any prior agreements we might have had between us regarding the Service. This means that irrespective of any prior agreement between you and us, this Contract will prevail over any such prior agreement or contracts.

10. “OTHER OBLIGATIONS” 
11. You agree to:

• Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
• Provide us with accurate and updated information;
• Exhibit professionalism in your use of the Services.

1. You will refrain from:

• Falsifying or misrepresenting your identity, create a profile for anyone else (that is not you), or use or attempt to use another’s account;
• Posting defamatory content, use the Service for terrorist or anti-state activities, violate the private rights of any third party in any manner whatsoever;
• Developing, supporting or using crawlers, browser plugins and add-ons or any software, devices, scripts, robots, other means or processes or technology to scrape the Services or otherwise copy profiles and other data from the Services;
• Circumventing any access controls or use limits of the Service.
• Copying, using, disclosing or distributing any information obtained from the Services, whether directly or through third parties (such as search engines), without or consent;
• Disclosing information that you do not have the consent to disclose (such as confidential information of others (including your employer));
• Violating the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.
• Violating our intellectual property or other rights, including but not restricted to copying/distributing our learning videos, other materials or technology, unless it falls under the open source licenses;
• Uploading posts that spread software viruses, worms, or any other harmful code;
• Reverse engineering, decompiling, disassembling, deciphering or otherwise attempt to deriving the source code for the Services or any related technology that does not fall within open source;
• Monetizing, in any manner, the Services or related data or access to the same, without our consent;
• Deep-linking to our Services for any purpose other than to promote your profile or a group on our Services, without our consent;
• Using ways to add or download contacts, send or redirect messages.
• “framing,” “mirroring,” or otherwise simulating the functions of the Services;
• Modifying the Services or their appearance (such as by inserting elements or removing, covering, or obscuring an advertisement included on the Services);
• Interfering with the operation of, or placing unreasonable load on, the Services.

11. HOW CAN YOU REGISTER YOUR COMPLAINTS AND FEEDBACK WITH GCA?

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (things we like to call “Feedback”). We respect the intellectual property rights of others. It is stipulated that users provide accurate information which is not in violation of the intellectual property rights or other rights of third parties. We provide for a mechanism for complaints concerning the Content posted by our User.

You may reach out to us at:

• By email: contact@networked.co
• By phone number: +1 610-945-6433
• By mail: Game Change Agency LLC – 1105 Parson Curry Rd. Malvern, PA 19355

PRIVACY POLICY

1. INTRODUCTION

Hello there! We are Game Change Agency LLC (“GCA”, “us”, “we”, or “our”) and we operate the www.networkëd.co website (hereinafter referred to as the “Service“).  Thank you for checking out our Privacy Policy (the “Privacy Policy”).

The purpose of this page is to inform you of our policies regarding the collection, use and disclosure of your Personal Data when you use our Service and the choices you have made about that data, so that you are fully aware of what happens to your data. Data Privacy is a big issue and something that must be taken seriously both by us and you alike. So, we request you to read this policy carefully. By using the Service, you agree to the collection and use of information as per this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Contract/Terms of Use.

Effective Date: The Effective Date of this Privacy Policy is the earlier of your submission to us of any Data, including without limitation Personal Data, or the date when you subscribe for the Service.  Privacy Policy Changes are effective when made as indicated below.

Here’s a quick summary to our policy, though you should read it in its entirety:

• By signing up with us, you allow us to share some of your data with other people. We are a networking site, so you should expect that we need to show your name, job, etc. to other members who are looking to connect with you.
• We may also ask for certain potentially sensitive information in order to optimize our services; like whether you’re looking for a job. In such cases, we will generally mention what we plan to do with this information while you’re uploading it. If we don’t say anything specific, you should assume other members of the site will have access to it.
• We will delete your data even after you close your account. We generally delete closed account information within 15 days of account closure, except when we need such data to meet any legal obligations (including law enforcement requests), regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse.

Privacy Policy Changes

We may update our Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to such changes becoming effective. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

2. DEFINITIONS

2.1 Service

Service means the www.networkëd.co website operated by Game Change Agency LLC.

2.2 Personal Data

Personal Data means data about a living individual who can be identified from such data (or from such data and other information either in our possession or likely to come into our possession), as further defined in Section 3.1(a) below.

2.3 Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit), as further defined in Section 3.1(b) below.

2.4 Cookies

Cookies are small files stored on your device (computer or mobile device), as further defined in Section3.1 (d) below.

2.5 Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

2.6 Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

2.7 Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

2.8 Data Privacy & Interactions Preferences Dashboard – DP&IP Dashboard (or User)

A dashboard for users to control their Data Privacy and interactions between other users and 3rd parties such as vendors and advertisers

Location Data

2.9 Location Data is defined in Section 3.1(c) below.

3. WHAT DATA DO WE COLLECT?

We collect different types of information to optimise the services that we provide. However, Users have the option to manage how their Personal Data is shared with 3rd parties, vendors and advertisers.

3.1 Data provided to us by you:

1. Personal Data

While using our Service, we may ask you to provide us with Personal Data that can be used to identify you personally. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

Your Personal Data may be used to contact you with our newsletters, marketing or promotional materials and other information that may interest you. You may choose not to receive any, or all, of these communications from us by following the options on the website and the “unsubscribe” link or the instructions given in any email we send.

1. Usage Data

We may also collect information sent by your browser, whenever you visit our Service or when you access the Service by or through a mobile device. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

1. Location Data

We may use and store information about your location, if you give us permission to do so (“Location Data“). We use this data to provide features of our Service, to improve and customize our Service. You can use your device location setting to enable or disable the location services when you use our Service at any time.

1. Tracking Cookies Data

Cookies are files with a small amount of data which may include an anonymous unique identifier, which are sent to your browser from a website and stored on your device. Such cookies and similar tracking technologies can be used by us to track the activity on our Service. Other tracking technologies such as beacons, tags and scripts to collect and track information and to improve and analyze our Service are also used by us. If you don’t want to accept such cookies, you can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Some examples of the Cookies we use are:

• Session Cookies: Used to operate our Service.
• Preference Cookies: Used to remember your preferences and various settings.
• Security Cookies: Used for security purposes.
• Advertising Cookies: Used to serve you with advertisements that may be relevant to you and your interests.

4. HOW WE USE YOUR DATA?

GCA uses the collected data for various purposes:

• To provide and maintain our Service.
• To notify you about any changes to our Service.
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide you with our customer support
• To gather analysis or valuable information in order to improve our Service.
• To monitor the usage of our Service.
• To detect, prevent and address technical issues.
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
• To use Members’ data and content for invitations and communications promoting membership and network growth.

5. GENERAL DATA PROTECTION REGULATION (GDPR)

5.1 Processing Personal Data

If you are from the European Economic Area (EEA), GCA’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

GCA may process your Personal Data because:

• You have given us permission to do so for the specific purposes enumerated in this Privacy Policy or otherwise,
• It is necessary to do so for us to perform a contract with you or to take steps at your request prior to entering into a contract, including without limitation for payment processing purposes
• The processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your Personal Data which overrides those legitimate interests,
• The processing is necessary for us to perform a task in the public interest, and the task has a clear basis in law
• The processing is necessary for us to comply with a legal obligation
• The processing is necessary in order to protect the vital interests of the data subject or of another natural person;

5.2 Your rights and our obligations

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. GCA aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you: You can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification: You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object: You have the right to object to our processing of your Personal Data.
• The right of restriction: You have the right to request that we restrict the processing of your Personal Data.
• The right to data portability: You have the right to receive a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent: You also have the right to withdraw your consent at any time where GCA relied on your consent to process your Personal Data.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

6. RETENTION AND TRANSFER OF DATA

6.1 Retention of Data

GCA will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. GCA will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

6.2 Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. GCA will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your Personal Data.

6.3 Account Closure

If you choose to close your account, your Personal Data will generally stop being visible to others on our Service within 15 days. We generally delete closed account information within 30 days of account closure, except as noted below.

We retain your Personal Data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse. Information you have shared with others will remain visible after you close your account or delete the information from your own profile or mailbox, and we do not control data that other Members have copied out of our Services. Groups content and ratings or review content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services or computing devices of others (e.g., search engine results) until they refresh their cache.

7. DISCLOSURES OF DATA

7.1 Business Transaction

If GCA is involved in a merger, acquisition or asset sale, your Personal Data may be transferred to the merged or acquiring entity. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy. We use others to help us provide our Services (e.g., maintenance, analysis, audit, payments, fraud detection, marketing and development). They will have access to the data subject to this Privacy Policy but will be under an obligation to treat it in the same or more restrictive manner as the manner committed by GCA herein.

7.2 Legal Investigation

Under certain circumstances, GCA may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

7.3 Legal Requirements/Compliance:

GCA may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of GCA
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

7.4 Others’ Services

Your choice to link your account with other services, will give us the right to make your Personal Data available to such services. Such sharing and use of that Personal Data will depend on your choice recorded through a consent screen when you opt to link the accounts.  GCA will have no responsibility with respect to processing or other conduct regarding your Personal Data or other data by such third party services.

8. INVOLVEMENT OF THIRD PARTIES AS SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate any part of our Service (“Service Providers“), provide the Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

8.1 Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. In combination with our proprietary data science analytics, the data collected is used to contextualize and personalize the ads and interaction between 3rd parties and vendors inside GCA/Networkëd.  The data collected will not be shared externally with 3rd parties, vendors and advertisers unless users have opted-in providing authorization on their DP&IP Dashboard. For more information, see Privacy Policy of third-party Service Providers. We may use third-party Service Providers to show advertisements to you to help support and maintain our Service. You can opt-out from 3rd party Ads service by following the options in the user DP&IP Dashboard as well as described by this Privacy Policy on our website – Privacy Policy page: https://networkëd.co/legal/privacy-policy

8.2 Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy.

9. MISCELLANEOUS

9.1 Security

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

9.2 Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third-party’s site. Please remember that we do not control the privacy policy of such third-parties and we strongly advise you to review the Privacy Policy of every site you visit. We take no responsibility for the content, privacy policies or practices of any third-party sites or services.

9.3 Children’s Privacy

Our Service does not address anyone under the age of 18.

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

10. CONTACT US

If you have any questions about this Privacy Policy, please contact us:

• By email: dmca@networkëd.co
• By phone number: +1 610-945-6433
• By mail: Game Change Agency LLC – 1105 Parson Curry Rd. Malvern, PA 19355