privacy policy

I. APPLICABILITY

It is the policy of Tier One to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. Tier One recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.

This Policy describes Our policies and procedures on the collection, use, storage and disclosure of any information including, business or personal information provided by You while using Our website. This Policy specifically governs the collection and use of personal data and sensitive personal data or information provided by You and the processing of personal information and sensitive personal data or information provided by You while using Our website.

Your use of the website will be governed by this Policy in addition to the Terms of Use as applicable to You. The Policy together with the Terms of Use are referred to as the website documents.

During the course of Your association with Tier One, You may be required to execute certain other agreements and such agreements and this Policy shall, together with the Terms of Use unless explicitly specified to the contrary, govern Your relationship with Tier One.

In the event of a conflict between the terms contained in the website documents and the terms contained in the agreements, as applicable to You, the terms of the agreements shall prevail unless specifically provided otherwise in the respective commercial agreement.

II. DEFINITIONS

2.1. Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person and is not otherwise generally available in the public. For avoidance of doubt, examples of personal information include a person's name, address, date of birth, voice, national identity number if any, driving license number, permanent account number.

2.2. “Sensitive Personal Information” shall mean personal information, which consists of information relating to any to the following of an individual:

a) Passwords;

b) physical, physiological and mental health condition; c) sexual orientation; d) medical records and history; e) biometric information (information derived from technologies that measure or analyze physical human characteristics such as voice patterns, fingerprints, facial patterns); f) financial information such as bank account or credit card or debit card or other payment instrument details. 2.3. “User Information” shall mean, collectively, Your Personal Information and Sensitive Personal Information or data or any other information collected from You.

III. COLLECTION OF INFORMATION

3.1. Tier One will use User Information provided by You in accordance with the purposes described in this Policy. During Your use of website, Tier One may collect and process such information from You for our website or otherwise, including but not limited to the below mentioned: a) Personal contact details such as name, title, address (including billing address and delivery address), email address, telephone number(s), gamer tag and social media handles. This could be your information, or the contact details of someone else (like a gift or delivery recipient, or a credit card holder).

b) Information about your date of birth, age and gender. c) Personal identification documentation, such as a passport or driving license copy, and any other information used in background or fraud checks.

d) Details regarding or connected to products or services that you have ordered from us.

e) Details of apps that you have licensed from us to use and usage information relating to those apps, where it was downloaded from, traffic and communications data and resources accessed.

f) Device data where you use our apps or website. This may include information about the device you use and the unique device identifier (for example your device’s IMEI number, or the MAC address of the device’s wireless network interface), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, the IP address, device type, usernames and account details, and location data which may include your current location disclosed by your own software. Tier One do not use separate location tracking software.

g) Profile data including your username, purchase history, your interests, preferences, feedback and responses and any inferences drawn from any of personal data to create a profile about you to reflect your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

h) Payment details, payment card details, bank account details, financial transactions and refunds.

i) Any terms and conditions relating to your relationship with us. j) Any communications between ourselves and you. k) Your social media handles, social media posts, information about your social media followers, information about any product/services endorsements by you and information about your followers that you tag us in.

l) Publicly available personal information, including any which you have shared via a public platform, online or on social media.

m) Personal history and information including hobbies, interests and your preferences.

n) Responses and results of surveys. o) Fraud prevention related information which may include details of other transactions you have been involved in.

p) Applications to enter or attend competitions, promotions or events, attendance at events and promotions and any results or other related personal information.

q) How you use our website as Tier One collect information about the pages you look at and how you use them, usernames, account details and passwords, entry and exit data when you look at or leave our website, details of products, events and materials that may be interest to you, online subscription information, for example, when you subscribe to one of our updates, blogs or other materials, browser related information, cookies that are set on your device by our website.

r) Your usage of the IT systems Tier One make available to visitors to our premises.

s) IP Address information which allows us to enhance your experience by tracking your usage of our website and tailoring our website to your location.

t) Details of any queries, complaints, claims and cases involving both us and yourself including any related communications.

u) CCTV footage and other information obtained through electronic means, if you visit our premises.

v) Photographs, video footage, audio recordings and other content, for example any created as part of our marketing or promotion campaigns, which are taken at events Tier One hold, when you enter a competition, posts made on social media or when you are on our premises or which you provide to us.

w) Any other personal information you provide to us.

3.2. Tier One will not collect Sensitive Personal Data or User Information from You unless the collection of such information or data is considered necessary for the purpose for which it is being collected and even in such a case, You will be made aware of the following:

a) Tier One may also in some cases collect and process more sensitive special category personal information including equal opportunities monitoring information, information about your ethnic origin, sexual orientation, health and religion or beliefs. Generally speaking, you’ll have the opportunity to choose whether or not to provide this information. If Tier One need to obtain it (for example, in relation to an event, where your COVID vaccination data may be relevant to your ability to access an event) Tier One will have a legitimate interest in doing so.

b) The purpose for which the Sensitive Personal Information or data is being collected;

c) The intended recipients of the Sensitive Personal Information or data.

3.3. Our payment and fraud prevention system may flag inconsistencies in the information you provide. If this happens, your order cannot be completed unless you provide personal identification information which allows us to confirm that your transaction is legitimate.

3.4. If you areproviding us with details of any other individuals, for example a friend of yours that you ask us to deliver our products to where you have ordered them as a present, they have a right to know and to be aware of what personal information Tier One hold about them, how Tier One collect it and how Tier One use and may share that information. Please share this privacy policy with them. They also have the same rights as set out in this privacy policy in relation to their personal information that Tier One collect.

IV. ACCESS TO USER INFORMATION

4.1. You shall have the right, upon request, to access and review Your Information provided to Tier One. You may decline to submit identifiable information through the website, in which case You may not be allowed to access certain features / parts of the website. If You are a registered user, You may update or correct Your information at any time by logging in to Your account. Alternatively, if You believe that any of Your information held by Tier One is inaccurate, You may write to Tier One at [email protected] It is Your responsibility to ensure that any information You provide to Tier One remains accurate and updated.

4.2. The Information collected by Tier One shall not be retained for longer than is required for the purpose for which the information may lawfully be used or is otherwise required under any other law for the time being in force.

4.3. You can Click the “unsubscribe” link in emails or any other electronic marketing materials Tier One send to you. Email [email protected] Your email will get processed more quickly if you use the subject line “Data Subject Deletion Request”. If you ask us to stop sending marketing communications, Tier One can and will still send service messages (such as order updates and other non-marketing communications). It will also not affect advertising that may appear on our website, other websites or our apps.

4.4. Automated decision-making takes place when an electronic system uses personal information to make a decision about that person without any human intervention which produces legal effects concerning them or similarly significantly affects them.

4.5. Tier One do not currently use this type of automated decision making in our business in relation to you. However, Tier One do use automated processing so that Tier One can show you personalized advertisements whilst browsing our website or those of other companies and to build a customer profile for you. Any advertisements you see may relate to your browsing activity on our website from your computer or other devices.

4.6. These advertisements are provided by us via external market leading specialist providers using techniques such as pixels, web beacons, ad tags, mobile identifiers and ‘cookies’ placed on your computer or other devices.

4.7. Tier One may analyze your browsing and purchasing activity online and your responses to marketing communications. The results of this analysis, together with other demographic data, allow us to decide what advertisements are suitable for you and to ensure that Tier One draw to your attention products, services, events and offers that are tailored and relevant to you. To do so, Tier One use software and other technology for automated processing. This allows us to provide a more personalized services and experience.

4.8. Tier One may review personal information held about you by external social media platform providers, such as the personal information available on social media platforms such as Twitter, Instagram, YouTube, Twitter, Facebook and TikTok.

4.9. Tier One aim to update you about products and services which are of interest and relevance to you as an individual. To help us do this, Tier One process personal data by profiling and segmenting, identifying what our customers like and ensuring advertisements Tier One show you are more relevant based on demographics, interests, purchase behavior, online web browsing activity and engagement with previous communications.

4.10. Tier One may share your personal information internally, with members of the Tier One team who need to have access to this information to perform their roles. This includes in particular the following teams: customer support, order fulfilment, events, community, studio, legal and finance.

4.11. Tier One may send your details to external parties (who may also share your details with us) to help us run our organization and provide our services to you. These parties include:

a) Anyone you have said you are happy for us to send your details to.

b) Companies in the same group of companies as us, including subsidiaries (any organization that Tier One own or control) or our ultimate holding company (any organization that owns or controls us) and any subsidiaries it owns. These companies will only use your personal data in the same way that Tier One can under this Privacy Policy.

c) Social networking sites (e.g., Google), if you use a social sign-on to login to our website.

d) Organizations that provide services to us, such as: i) order fulfilment providers - the people who help process and deliver your order; ii) marketing specialists iii) third party payment providers; iv) computer services; v) third party mailing providers; vi) customer support platforms; e) Governmental bodies, regulators, police, law enforcement agencies, security services and courts/tribunals - where the law tells us to do so or to help them with any investigations. This may include governmental bodies based outside of the Singapore.

f) Banks and nominated payment providers: if your bank/payment provider requests proof that the transaction is legitimate. Police, law enforcement and security services: to help them with any investigation, prevention of crime or matter of national security.

4.12. If you have invested in Tier One or any of its affiliates through a crowdfunding or other third party platform, Tier One may share your information with that platform (to the extent required to facilitate the management of your investment), with other investors who request it (via disclosure of our cap table, which will also identify the extent of your investments) and with any game developer (to the extent required to ensure Tier One complies with restrictions intended to prevent individuals owning shares in more than one esports team). Tier One do not sell any of your personal data to any third party.

4.13. Those third parties may be located in third countries outside of the EU (see section below). By submitting your personal data, you agree to this processing. Tier One will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this notice.

4.14. Tier One cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once Tier One have received your information, Tier One will use strict procedures and security features to try to prevent unauthorized access.

4.15. Tier One use Google Analytics. It sets cookies to collect information about how visitors use our website. Tier One use the information to compile reports and to help us improve the website.

4.16. The cookies collect information in an anonymous form, including the number of visitors to the website and blog, where visitors have come to the website from and the pages they visited. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

V. COOKIES

5.1. Cookies are small files that reside on Your computer's hard drive and generally contain an anonymous unique identifier and are accessible only by the website that placed them

there and not any other sites (“Cookies”). Our website and services may also utilize Cookies and other tracking technologies to collect information about Your general internet usage.

5.2. You may refuse to accept Cookies by activating the setting on Your browser which allows You to refuse the setting of Cookies. However, if You select this setting You may be unable to access certain parts of Our website. Unless You have adjusted Your browser setting so that it will refuse Cookies, Our system may issue Cookies when You log on to the website. The use of Cookies by Our partners, affiliates, advertisers or service providers or third parties is not covered by the Policy.

5.3. Cookies enables Tier One to: a) Estimate Our user’s size and usage pattern; b) Store information about Your preferences, and allow Tier One to customize Our website according to Your interests; c) Speed up Your searches; d) Recognize You when You return to Our website; e) Recall Personal Information previously provided by you; f) Improve Our website and deliver a better and personalized service.

VI. USE OF INFORMATION

6.1. The law determines how Tier One can use your information. In simple terms, the law states that Tier One must have one or more reasons (known in the law as “bases”) to use your personal information. The most common reasons are:

a) Contract - where Tier One needs to perform the contract Tier One have entered into with you which covers your relationship with us or to take steps to enter into that contract.

b) Compliance with a legal obligation - where Tier One needs to comply with a legal obligation which applies to us, for example complying with laws relating to the sale of products to consumers or complying with data protection laws.

c) Legitimate interest - where it is necessary for legitimate interests pursued by us or a third party and your interests and fundamental rights do not override those interests. Tier One have set out in the section below how Tier One use your personal information together with more details on our legitimate interests.

d) Consent - generally Tier One do not rely on or need your consent for most uses Tier One makes of your personal information, but generally Tier One will need your consent to directly market our products and services to you by electronic communications channels (including, without limitation, SMS and MMS).

6.2. Where Tier One is processing any sensitive special category personal information about you (for example personal information revealing racial or ethnic origin, religious or philosophical beliefs, or data concerning health) Tier One also need to have one or more of the following legal bases for using your personal information.

a) Consent - where Tier One has your explicit consent to do so. b) Law - where it is necessary for us to comply with our obligations and exercising our rights in the field of employment law, social security law and social protection law,

for example processing your health information so Tier One can ensure our app is tailored to you and your exercise regime should be safe for you to follow or making sure it is safe for you to participate in one of our events or promotions or making any adjustments necessary for you to attend our premises.

c) Vital interests - where Tier One need to protect your vital interests (or someone else's vital interests).

d) Public disclosure - where you have already made public the personal information.

e) Claims - in establishing, exercising or defending legal claims, whether those claims are against us or by us.

f) Public interest - where it is necessary in the public interest. 6.3. In many cases more than one legal basis may apply to our use of your personal information. The key point here is that consent is not the only basis on which Tier One can use personal information.

6.4. Tier One have set out the main uses below and indicated the main applicable legal bases of processing. There may be other specific uses which are linked to or covered by the uses below. Tier One will process your personal information to:

a) perform our relationship with you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. Tier One may also in some limited cases rely on your consent.

b) handle any order you (or an individual known to you where the delivery is to be made to you) has placed with us, and to pick, pack, dispatch, ship and track that order to make sure it arrives safely. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. Tier One may also in some limited cases rely on your consent.

c) send you a message if you abandon your cart. Tier One has a legitimate interest in generating sales by retargeting customers who have already indicated a strong interest in purchasing goods from Tier One; and a legitimate interest in understanding why a transaction may not have completed. It is important to note that Tier One do not retain the email address utilized for cart abandonment emails, unless Tier One are able to rely on consent.

d) provide any services you have asked to receive from us, including administering any membership that you hold with us. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. Tier One may also in some limited cases rely on your consent.

e) send to you any direct marketing materials about our products or services that you have asked to be sent to you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests. Tier One also needs you to give consent if Tier One are going to market to you by electronic channels, including (without limitation) SMS and MMS.

f) build and develop a profile for you as a customer or potential customer of our products, services, apps and to aim to send or show you content, advertisements or marketing materials which are most likely to be of interest to you. This may include building a picture of the types of customers that buy our products by linking their email address to other publicly available data (e.g., social media profiles). As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.

g) monitor and manage our relationship with you, which may involve communications with you, decisions regarding your relationship with us and in some cases meeting with you. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests.

h) hold or conduct events, promotions or campaigns. This will be in our legitimate interests, and in some cases Tier One may rely on your consent to do this, for example if you provide us with a photograph to use.

i) manage our social media or online relationship with you. This will be in our legitimate interests, and in some cases Tier One may rely on your consent to do this, for example if you provide us with a video, photograph or content to use.

j) hold or conduct events, promotions, campaigns and visits to our premises and manage your involvement in them. This may relate to the entry into or performance of a contract with you either directly or indirectly, it may also be in our legitimate interests or Tier One may have a legal obligation to do so. Tier One will obtain your consent for use of any image of you individually which Tier One take at an event Tier One control. However, you should be aware that you may feature in non-individual, ‘crowd’ photography if you attend a Tier One event, and that this photography may be used by Tier One or its partners without your prior consent. Tier One considers this to be in our legitimate interests.

k) help train our staff, and make sure they deliver the high standards expected in relation to our brand. This will be in our legitimate interests.

l) process and progress your job application. This information may include your CV, other information you provide online, via email, in person at interviews and/or by any other method. This will be in our legitimate interests. Tier One may also obtain reference data from other organizations you have worked for or with. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this.

m) n) carry out background, identity, fraud prevention or other checks in relation to you to decide whether to enter into or to enforce a relationship Tier One have with you. This will be in our legitimate interests, and in some cases Tier One may have a legal obligation to do so.

o) fulfil legal obligations connected to our relationship with you or connected to visiting our premises - for example, to comply with consumer protection, data protection or health and safety laws.

p) keep and maintain proper records relating to your relationship with us and information about you which is relevant to that relationship. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and Tier One may also have legal obligations to do this.

q) prevent, detect or prosecute criminal activity. This will also be in our legitimate interests; Tier One may also have legal obligations or be exercising a legal right to do this and it will also be in the public interest.

r) send you information relating to your investment in Tier One, and comply with our general legal obligations in relation to shareholders. This will be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this. Tier One may also be required to disclose information regarding our investors to third parties (including game developers) to comply with our contractual obligations to developers, so as to avoid conflicts of interest and protect competitive integrity in our industry.

s) respond to you in relation to a query, complaint or enquiry (including any matter raised to us via our Speak Up policy at https://fna.tc/speakup) and deal with the points you have raised. This will also be in our legitimate interests; Tier One may also have legal obligations or be exercising a legal right to do this.

t) gather evidence for and be involved in possible legal cases. As well as relating to the entry into of a contract with you either directly or indirectly, this will also be in our legitimate interests, Tier One may also have legal obligations or be exercising a legal right to do this and it may also be needed to establish, bring or defend legal claims.

u) manage and keep a record of our relationship with you and any associated information It may relate to the entry into or performance of a contract with you either directly or indirectly, it will also be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this.

v) ensure effective general business administration and to manage our business. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this.

w) monitor any use you make of our website, apps and information and communication systems and social media accounts to ensure network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution and also to protect your personal information. As well as relating to the entry into or performance of a contract with you either directly or indirectly, this will also be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this. In relation to social media, you may also have already made the personal information public.

x) conduct data analytics and analysis studies to review and better understand trends and improve our business, use of our website, apps and social media which relates to us, and those same things in relation to our competitors. This will also be in our legitimate interests, and Tier One may also have legal obligations or be exercising a legal right to do this. Tier One may sometimes anonymize and aggregate personal information for insight and research purposes, but this information will not identify you.

y) carry out market and/or product research, for example so that Tier One can improve our offering and range of products or improve our use of our website, apps or social media. This includes requests for reviews. This is in our legitimate interest.

6.5. Tier One process additional information in relation to companies with which Tier One do business or are considering doing business. This information includes:

a) Details of services carried out or products provided by you in connection with our relationship with you, details of your interest in and connection with any organization which supplies any services or products to us, details of any financial products or services supplied to us.

b) Business related information, such as where you are a sole trader, a partner or a company director or a key member of staff of a business Tier One have a relationship with.

c) Performance information related to our relationship with you or a business Tier One have a relationship with.

d) Tier One will only use your personal information for the purposes for which Tier One collected it - unless Tier One reasonably consider that Tier One needs to use it for

another reason and that reason is compatible with the original purpose. If Tier One need to use your personal information for an unrelated purpose, Tier One will notify you by updating this privacy policy.

e) Please note that Tier One may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. Tier One will rarely need to rely on your consent to process any of your personal information.

6.6. Tier One may also use the information provided by You in the following ways: a) Monitor, improve and administer our website, b) Conduct audit, research and analysis, c) Analyze how the website is used, diagnose service or technical problems, maintain security, d) Remember information to help you efficiently access the website; e) Monitor aggregate metrics such as total number of viewers, visitors, traffic, and demographic patterns; f) To confirm your identity in order to ensure that you are eligible to use the website; g) To ensure that content from our website is presented in the most effective manner based upon your interests; h) To contact you to ensure user satisfaction with respect to your use of the website; i) To provide you with information that you request from tier one, where you have consented to be contacted for such purposes; j) To carry out our obligations arising from any contracts entered into between you and tier one as well as between tier one- and third-party service providers; k) To notify you about changes on our website: i) in relation to the functioning of any feature/service you access or have signed up for in order to ensure that Tier One can deliver such features/services to you; l) in relation to any transaction entered by you on our website to subscribe to services; m) in relation to any issued query or requested information by You from Tier One; n) to enable Tier One to comply with Our legal and regulatory obligations.

VII. YOUR USE OF INFORMATION

7.1. You may only use the site and mediums of Ours only for legitimate purposes and not for any inter-alia fraudulent or speculative reservations;

7.2. You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, products or services acquired from Tier One through any means;

7.3. Tier One may provide You access to photographs, graphics, video or other material which may be protected by intellectual property laws. You shall not copy, modify, transmit or create derivative works of such material. You also agree to not copy, modify, transmit or create derivative works of any of the intellectual property registered by Tier One;

7.4. You understand and acknowledge that any material obtained by You or your permitted assigns in relation to Our service shall be entirely at Your risk. You are solely responsible for any damage to Your computer systems or loss of data that results from the download of such material.

VIII. DISCLOSURE OF INFORMATION

8.1. Except as provided for in this Policy, Tier One shall not disclose / transfer Your Sensitive Personal Information to any third party without Your prior consent, unless such disclosure / transfer:

a) is necessary for performance of a contract between Tier One and You and You have authorized Tier One to share the Sensitive Personal Information, or b) is required to be shared under applicable laws or through a court order. 8.2. Tier One may share Your Personal Information with third parties in the manner described below:

a) When You place a request for services provided by Tier One on the website or otherwise through third parties, Tier One will share Your Personal Information with all such parties and their agents who are required for providing the services. b) Tier One may share your personal information with other Tier One entities, including those in different countries. When Tier One do so, these other Tier One entities will use your information in a manner consistent with this Policy, any applicable Specific Privacy Statements, and all applicable privacy and data protection laws. c) In the event that Tier One sells or buys any business or assets, Tier One may disclose Your Personal Information to the prospective seller or buyer of such business or assets. Tier One may also transfer or assign such information in the course of corporate divestitures, mergers, or dissolution. d) Tier One may disclose Your Personal Information to third-party service- providers, solely in the course of their provision of services to Tier One. e) Tier One may disclose Your Personal Information, if Tier One is under a duty to do so in order to comply with any legal obligation, or to protect our rights, property, or safety, or those of Our users, or other third parties.

f) Tier One may disclose Your information, without Your prior consent, to governmental and/or other statutory bodies, who have appropriate authorization to access the same legally.

IX. CROSS-BORDER DISCLOSURE

9.1. Any personal data provided to Tier One may be transferred to, stored by or disclosed to an overseas recipient. For example, Tier One may use a server hosted overseas to store data, which may include your personal data.

9.2. Your personal data may also be processed by employees or by other third parties operating outside of the Philippines in countries like the United States of America or in the European Union, who work for 3MPI, or by the representatives and employees of 3MPI’s parent company and affiliates.

9.3. Tier One will take reasonable steps, in the circumstances, before your personal data is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal data.

X. STORAGE AND SECURITY

10.1. Tier One endeavor to securely store all information Tier One gather within databases controlled by Tier One. However, Tier One may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.

10.2. Tier One maintains reasonable safeguards to protect the confidentiality, security and integrity of your personal information. Although Tier One use security measures to help protect your personal information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, Tier One cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.

10.3. Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while Tier One strives to use commercially acceptable means to protect Your information, Tier One cannot guarantee its absolute security.

10.4. Tier One uses commercially reasonable safeguards to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

10.5. In using the website, You accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, Your use of the website will be at Your own risk.

10.6. Tier One assumes no liability for any disclosure of information due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond Our reasonable control and You agree that You will not hold Tier One responsible for any breach of security.

10.7. In the event Tier One becomes aware of any breach of the security of Your information, Tier One endeavor to take appropriate action to the best of Our ability to remedy such a breach.

XI. RETENTION OF YOUR PERSONAL INFORMATION

11.1. What a long Tier One keep your personal information will vary and will depend on the purpose and use of information collected. There are legal requirements that Tier One keep some types of data for specific periods. Otherwise, Tier One will retain it for no longer than is necessary for the purposes for which the data was collected.

XII. CONFIDENTIALITY

12.1. Tier One will keep confidential and protect any and all information provided by You except where disclosure is required or permitted by law. Tier One provides access of Your information to employees, agents, advisors and consultants who Tier One believe reasonably need to come into contact with that information to provide services to You or in order to do their jobs. The restrictions set out herein shall not apply to disclosure of information if and to the extent the disclosure is:

a) Required by the applicable law of any jurisdiction; b) Required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law; c) Made by Tier One, to its shareholders, managers, advisors and affiliates; d) Made to employees and representatives on a need-to-know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Policy. 12.2. You shall maintain confidentiality in relation to all information and agree to not disclose the same unless required by law. You hereby also authorize Tier One to contact You with offers through emails, calls, short messaging services (SMS) or any other mediums for any campaigns, promotional or like activities. You agree to indemnify Tier One, along with Our directors and employees against all types of losses and damages incurred by them due to any action taken by any other authority due to any erroneous complaint raised by You in this regard.

XIII. INDEMNITY

13.1. You agree to indemnify and hold Tier One, it’s employees, directors, shareholders and affiliates harmless from:

a) Any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of any violation of the terms of this policy; b) Any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on your part; c) For fraud committed by you.

XIV. FORCE MAJEURE

14.1. Tier One shall not be liable for delays, injuries or inabilities in performance or non- performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control (“Force Majeure”), such as acts of God, pandemics, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.

XV. CHANGES TO THE POLICY

15.1. Tier One may update this Policy to reflect changes to Our practices. Tier One encourage You to periodically review this page for the latest information on Our privacy practices. Tier One is not obliged to share with You any such updates, whether material or otherwise and it shall be Your responsibility to keep yourself updated on any changes to the Policy. Our data storage, processing and security measures are constantly reviewed. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as guarding against any unauthorized access to systems where personal data is stored.

XVI. UNDERTAKING

16.1. You expressly undertake to provide to Tier One, where applicable, information which is true, accurate and valid, and acknowledge that any default or deficiency would inter alia render the provision of the product or services by Tier One, inapplicable. You shall be responsible for ensuring compliance with the terms and any of Our other rules including the terms governing the service fees, or other rules. If You do not agree with any part of such terms, You must not avail of any of the services.

XVII. DATA CONTROLLERS INFORMATION/CONTACT

17.1. To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, you may reach Tier One through our Contact Us page. You can also contact our legal regarding your data privacy via email at: [email protected]

17.2. Tier One will acknowledge and investigate any complaint about the way Tier One manage Personal Data (including a complaint that Tier One have breached your rights under applicable privacy laws).

XVIII. CHILDREN’S INFORMATION

18.1. Our supply of products and services, our apps, our website, events, promotions, social media, content, blogs, materials and other services Tier One provide are not intended for use by children (i.e., anyone under the age of 18). Generally, Tier One do not knowingly or intentionally collect personal information relating to children.

18.2. Parents, guardians or wards who become aware that Tier One hold data relating to a child under their care are welcome to contact us to ensure the deletion of that data. Again, please contact [email protected] for that purpose. You can read more about how Tier One prevent harm to children at Tier One by visiting https://tier.one/safeguarding .