EXPERIENTIAL SQUARED, INC.

PRIVACY POLICY

Effective Date: August 6, 2019

INTRODUCTION

Experiential Squared, Inc. respects your concerns about privacy. For purposes of this Privacy Policy (“Privacy Policy”), the terms “we,” “us,” “our” and “Experiential” refer to Experiential Squared, Inc., a Delaware corporation, and “you” and “your” refers to you, as a user of our Internet website located at URL http://www.myracehorse.com (“Website”) and/or our mobile application, Myracehorse (“App”). We will use our best efforts to ensure that the information you submit to us is used only in accordance with the terms of this Privacy Policy.

WHAT TYPES OF PERSONAL DATA WE COLLECT

We collect and process the following types of personally identifiable information:

• Information we receive from you when you register on our Website or through the App, such as your name, email address and physical address;
• Additional information we receive when you purchase a horse share through the Website or through the App, such as your social security number, driver’s license number and the payment account information which you provide to us;
• If your purchase exceeds certain statutory thresholds, additional information about your net worth and gross income which you identify to us;
• Information we receive when you communicate with us through email, such as your name and e-mail address;
• Information we receive from your use of our Website and App, such as the Internet address (IP address) of the computer or mobile device you use to access our services, the type of browser or OS you use and the times you access our Website and App; and
• We may also collect information by using “Cookies.” “Cookies” are small files that your web browser places on your computer’s or mobile device’s storage medium.

HOW WE USE PERSONAL DATA

We use personally identifiable information:

• Verify your state of residence for compliance with securities laws;
• To fulfill your purchases of shares in horses, conduct product and service surveys, and to handle complaints and inquiries;
• To respond to your requests, contact you regarding our products or services and send you company reports and disclosures; and
• To comply with our reporting obligations under applicable laws and make disclosure under the requirements of any applicable law and to comply with legal process or in response to lawful requests from public authorities.

WITH WHOM AND WHY WE SHARE PERSONAL DATA

We will not sell your personally identifiable information to anyone, for any purpose. We will only share your personally identifiable information:

• With payment processors who will collect your specific payment information and process your payments, such as Paymentech/Authorize.net and Payliance. The information collected by the payment processors is not shared with us and is subject to their privacy policies;
• With our service providers, but only to the extent necessary for us to comply with requirements of applicable laws;
• In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or other regulatory or public authorities in response to lawful requests;
• To establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion; and
• If Experiential (or substantially all of our assets) is acquired, your personally identifiable information would be transferred along with the other business assets as permitted by law, which remain subject to this Privacy Policy.

YOUR CHOICES TO LIMIT USE AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

When Experiential directly collects your personally identifiable information, we will offer you the opportunity to choose whether your personally identifiable information may be used for a purpose that is materially different from the purposes for which the information was originally collected or subsequently authorized by you. We will not sell any of your personally identifiable information to any third parties.

YOUR RIGHTS TO ACCESS YOUR DATA

You have the right to access your personally identifiable information that we collect and we will provide you with the ability to easily correct, amend, or delete your personally identifiable information where it is inaccurate, or has been processed in violation of this Privacy Policy.

SESSION RECORDING INFORMATION

We may use session recording via software or a third party to create reenactments of user behavior based on data collected from the website’s or app’s server (such as mouse or mobile gestures or keyboard inputs). We use this information to help optimize the My Racehorse user experience. Session recording tools do not actually record users’ screens and never record personally identifiable information. Passwords and sensitive data, like payment credentials are obscured from view and can’t be tracked via the software.

SECURITY

Experiential takes reasonable and appropriate measures to protect your personally identifiable information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the personally identifiable information. We restrict access to your personally identifiable information to our employees who need to have access to the information to as necessary to enable us to use it as permitted above. We use physical, electronic, and procedural safeguards that comply with applicable federal regulations to protect your personally identifiable information.

CHILDREN

We do not knowingly collect any personally identifiable information from children. We ask that minors (under the age of 18) do not submit any personal information to us, order any products or services from us, or attempt to use any of our Internet portals under any circumstance. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Internet portals or using our products or services. If we learn that we have inadvertently collected personally identifiable information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.

HOW TO CONTACT US

We welcome comments and questions on this Privacy Policy. As stated above, we are dedicated to protecting your privacy, and we will make every reasonable effort to keep your information secure. If you have any questions or comments about this Privacy Policy you can contact us electronically at privacy@myracehorse.com. Additionally you may contact us by writing via postal mail at the following address: