Privacy Policy & Terms of Use

Revised as of September 14, 2020

Edison Properties, LLC and its affiliates (including ElevatedNY) (“EP”, “we,” “us” or “our”) have
created this Privacy Policy (the “Privacy Policy”) to describe the information that we collect,
how we use it, and to whom and under what circumstances we may disclose it.

This Privacy Policy applies to all personal information we collect from and about you, including
on our website located at www.elevatedny.com (the “Website”), in our facilities, by phone, by
mail, by email or otherwise when you visit the Website, or purchase, use or inquire about
services or goods offered by EP (the “Services”). Except as explicitly provided herein, this
Privacy Policy does not apply to the practices of entities that we do not own or control, or to
people that we do not employ or manage.

By using this Website or any EP services, you are consenting to the practices described in this
Privacy Policy and the Terms and Conditions of Use. This Privacy Policy is part of the Terms and
Conditions of Use governing your use of this Website and the Services. Any dispute over privacy
is subject to this Privacy Policy as well as our Terms and Conditions of Use and any
Supplemental Terms. Please read the Terms and Conditions of Use. If you do not agree with any
part of this Privacy Policy, please do not use the Website or the Services.

EP may change or revise this Privacy Policy at any time, for any or no reason, at our sole
discretion, without notice, simply by posting such changes or revisions on this page. Any such
change will be effective immediately upon posting. Your continued use of the Website or the
Services signifies your acceptance of any such change or revision. For this reason, please visit
this page on a regular basis to ensure that you are familiar with the most recent version of this
Privacy Policy and the Terms and Conditions of Use. EP’s use of information is subject to the
Privacy Policy in effect at the time that it uses such information.

Your privacy is important to us and this Privacy Policy notifies you of:

1. What personally identifiable information of yours we collect
2. How we collect such information
3. How such information is used
4. With whom we may share your information
5. How we protect your personally identifiable information
6. What choices you have regarding collection, use and distribution of your formation

Questions regarding this Privacy Policy should be directed to EP by emailing
privacypolicy@elevatedny.com.

Information we Collect

We collect the following categories of information in order to provide products and services to
you, to communicate with you, to enhance our products, services and operations, and for other
operational, legal and compliance purposes:
Information you provide to us: We receive and store any information you provide in relation to
the Services. You can choose not to provide certain information, but then you might not be able
to take advantage of some of our Services. The information you provide to us may include:

Point of sale information: We may collect information from you when you make a
purchase, sign up for Services at one of our locations, fill out a form and submit it to us
in any manner, complete a survey for us, participate in a contest or other promotion
sponsored by us or on our behalf.
Profile information: We collect data when users create or update their accounts. This
may include the users name, email, phone number, login name and password, address,
payment or banking information (including related payment verification information),
government identification documents, including driver’s license numbers and images,
birthdate, signature, and photo. This also includes user settings.
Identity verification and credit check: We collect identity verification and credit check
information. This may include information such as driver license information, passport
information, birthdate, social security numbers, and credit card information. This
information may be collected by an authorized vendor on our behalf. This information
may also be used to verify or otherwise check the status of anyone claiming to be
protected under the Service Members Civil Relief Act.
Secondary contacts: In some instances, we may ask for contact information for people
other than yourself, including, for example, Authorized Users (if applicable), In Case of
Emergency contact information, an e-mail address of a friend to whom you send a link
to the Website, or the mailing address or phone number of someone you wish us to
notify about the Services.
Demographic data: We may collect demographic data about users, including through
user surveys.
User content: We collect the information users submit when they contact us or
otherwise provide feedback or comment on us or the Services. This may include video
footage, photographs or other recordings.

Automatic Information: We may automatically collect and store certain types of information
about your use of our Website or the Services. We may use "cookies" or other unique
identifiers, and we obtain certain types of information when you access our Website or our
Services.

This information may include:

Non-identifying Website usage data, such as the number of visits to our Website.
Information about the Internet protocol (IP) address used to connect your computer or
device to the Internet.
Connection information such as browser type and version, operating system and
platform, content downloads, streams, and playback details, including duration and
number of simultaneous streams and downloads, and network details for streaming and
download quality, including information about your internet service provider, and the
precise or approximate location of your computer or device, if enabled by the user to do
so.
Device metrics such as when a device is in use, application usage, connectivity data, and
any errors or event failures.
EP Service metrics (e.g., the occurrences of technical errors, your interactions with
service features and content, your settings preferences and backup information,
location of your device running an application, information about uploaded images and
files such as the file name, dates, times and location of your images).
Other software and hardware information.
Information about your browsing behavior, such as the date/time you visit the Website,
the Website pages that you visit, the time you spend visiting the Website or viewing a
page, the number of times you return to the Website, and other click-stream data.
We may also use third party website analytics tools (such as Omniture, Google or
JavaScript) that collect information about visitor traffic on our Website.
Phone numbers used to call our customer service number and recordings of the calls.
Audio, video or electronic information, such as audio or video recording of the
conversations for quality control, training, security and analytic purposes when you call
our customer service centers or other phone support lines. We may also use video
monitoring, audio monitoring, and other tracking technologies at our facilities to
enhance security, protect against theft and other crimes and to monitor facility traffic
patterns, customer counts and interests, and perform similar analytics. However, we
may or may not be able to associate such information with you.

We treat all Automatic Information as non-personal, unless required by applicable law to do
otherwise. Additionally, any unsolicited information that you provide to us shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose and distribute such
unsolicited information to others without limitation or attribution.

Information from Other Sources: We might receive information about you from other sources.

This information may include:

Your contact information from affiliates, acquired businesses, public sources or other
individuals, such as through referral programs or if someone purchases a service or
product and lists you in some manner.
Customers or others providing information in connection with claims or disputes.
Feedback, such as ratings, reviews, or compliments.
Your commercial information, such as your purchase history, from affiliates, acquired
businesses or business partners.
Inferences or preference information about you from business partners, such as data
analytics, marketing service providers, or survey vendors. We may use such information
to conduct aggregated analyses of our customer composition, and we may collect your
interest and preference information to recommend products or services that may
interest you. We may also learn about your preferences from public sources, such as
information you submit in a public forum.
Vendors who may help us verify users’ identity, background information, or eligibility for
protection under certain laws (e.g., Servicemembers Civil Relief Act).
Credit history information from credit bureaus, which we may use for purposes such as
to help prevent and detect fraud and to offer certain credit services to some customers.
Publicly available sources.

Please note that when you delete your account information on the Website or terminate your use of the Services, we may retain your information for a reasonable period of time afterward for the purpose of recordkeeping, account management and fraud prevention activities.

What do we use your information for?

We use your personal information to operate, provide, develop, and improve the Services and
products that we offer our customers, including to:

Respond to your requests for Services and to keep you informed of updates about your
account.
Deliver services, process payments, process transactions, and communicate with you about Services and products, and promotional offers.
Communicate with you in relation to Services by different channels (e.g., by phone, e-mail).
Personalize your experience with the Website or the Services.
Provide you with targeted offers, promotions and advertisements that might be of interest to you, identify your preferences, and personalize your experience.
Send periodic emails.
Improve the Website and the Services.
Improve customer service and customer interfaces.
Display interest-based ads for features, products, and services that might be of interest to you.
Protect your rights, our rights and the rights of others including efforts to prevent and detect fraud.
Verify users’ identity, background information, or eligibility for protection under certain laws (e.g., Servicemembers Civil Relief Act).

Once you create an account with EP, you are automatically included in our mailing list, and will
receive updates, newsletters, correspondence and other materials of this type. If you do not
want to receive these communications, follow the instructions provided in the “Opting Out”
section.

Cookies and Other Tracking Technologies

EP and its partners may use cookies (which are small files that a site or its service provider
transfers to your computer/hard drive through your web browser that enables the site’s or
service provider’s system to recognize your browser and capture and remember certain
information) and other tracking technologies on our websites, emails, and online ads for
purposes such as:

Improving and personalizing the Website, as permitted under applicable law.
Authenticating users.
Remembering user preferences and settings.
Determining the popularity of content.
Delivering and measuring the effectiveness of advertising campaigns.
Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with the Website or use of our Services.

We also may work with third parties that may use cookies or other tracking technologies to
collect information about your visits to the Website, other websites, to serve advertisements to
you based on that information, serve advertisements on our behalf across the Internet, and to
track and report on the performance of those advertisements.

The majority of web browsers accept cookies, but the “help” menu on your browser should give
you options for preventing, accepting, or receiving notice of cookies should you wish to do so.
Please be aware that if you block cookies, some Website functionality may not be available to
you.

Do we share your personal information with outside parties?

We may share your personal information with our affiliates or agents or third parties that assist
us in operating the Website, providing the Services, conducting our business, or servicing you.
We may share your personal information with third parties that provide various services to us
in areas, that include: reservations, customer support, information technology, marketing,
customer service, data analytics, research, enhancement, fraud prevention, legal, compliance
and risk management. These companies may need access to information about you in order to
perform their functions but are generally not authorized to use the information we disclose to
them for any other purpose.

At times, we may disclose information about you to a third party who may also use the
information for their own purposes. For instance, we may share your information with a vendor
who is assisting us with providing or promoting a product or service to you, or with a social
media or online advertising technology company to serve tailored commercial information to
you.

We may disclose information about you (1) if we believe such action is appropriate to enforce
our Terms and Conditions of Use, Supplemental Terms, or other policies of our Website, or
Services, including any investigation of potential violations thereof; (2) when such action is
deemed to be necessary, in our sole discretion, to detect, prevent, or otherwise address fraud,
security or technical issues associated with the Website, or the Services; (3) if we believe we are
required to do so by law, regulation or legal process, such as a court order or subpoena; (4) as
we deem appropriate or necessary in response to requests by government agencies, such as
law enforcement authorities or tax authorities; (5) when we believe disclosure is appropriate or
necessary to protect the rights, property or safety of EP, our customers or others, including to

prevent physical, financial or other harm, injury or loss or to collect a debt you owe; or (6) in
connection with an investigation of suspected or actual unlawful activity.

We reserve the right to transfer personal information we have about you in the event we sell or
transfer all or a portion of our business or assets (including, without limitation, in the event of a
reorganization, dissolution or liquidation).

Information from outside parties

Examples of information we may receive from other sources include account information;
purchase or redemption information; page-view information from some merchants with which
we operate co-branded businesses; and information from search results and links, including
paid listings (such as Sponsored Links from Google). Content and information that you submit
through Facebook, Twitter, Pinterest, Instagram or other online platforms may appear on our
Website through feeds from those platforms. We are not responsible for the dissemination of
content or information from, or the privacy practices of, any such platform.

How we protect your information

We maintain administrative, technical, physical, electronic, and procedural safeguards designed
and intended to protect personal information against accidental, unlawful or unauthorized
destruction, loss, alteration, access, disclosure or use. Our security procedures mean that we
may occasionally request proof of identity before we disclose personal information to you.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via
Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers’
database, only to be accessible by those authorized with special access rights to such systems,
who are required to keep the information confidential.

It is important for you to protect against unauthorized access to your password and to your
computers, devices, and applications. Be sure to sign off when finished using a shared
computer or device.

Unfortunately, no transmission of data over the Internet or by other means, and no system for
storage of data, is guaranteed to be completely secure. It may be possible for hackers or other
third parties not under the control of EP to intercept or access private communications
unlawfully. While we strive to protect your personal information, EP cannot ensure or warrant
the security of any information you transmit or otherwise provide to us. Any transmission or
other provision of information is done at your own risk.

Information we collect and use may be transferred, stored and accessed from various locations
to support our operations. We retain information for as long as it is needed or useful to provide
and improve our products and services, comply with our legal obligations, resolve disputes and
enforce our agreements.

Third-party links

It is important to note that the Website may contain links to other websites and that those sites
may not follow the same privacy policies as EP. These sites may send their own cookies to you
and may collect data and make uses of it that EP would not. If you use these links, you will leave
the Website. These third parties and their websites are not under our control. We do not
examine or evaluate these websites and we are not responsible for their content, privacy
practices, or operation. By providing links to these websites, we do not approve, warrant or
endorse, or otherwise make any representation about them, their owners or operators, or the
goods or services that they offer and/or sell, and we do not assume any responsibility or liability
relating to any of the foregoing. You should exercise your own judgment in evaluating and using
these websites. When you link to these websites, you become subject to their terms and
conditions of use and privacy policies. You understand, acknowledge and agree that all access
to and use of any such third-party website by you shall be at your own risk.

“Opting Out” of receiving communications from us

We offer you certain choices in connection with the personal information we obtain about you.
If you no longer want to receive our e-mails, offers, updates on Services, or other
communications, please follow the “unsubscribe” instructions at the bottom of each email or
communication. Please note that you cannot unsubscribe from certain correspondence from
us, including certain messages relating to your use of the Services.
You also may exercise choice over how information about your interests is used by ad networks
to deliver you relevant advertising. To learn how to opt out of ad network interest-based
advertising in the United States, please visit Digital Advertising Alliance, the Network Advertising Initiative, and TrustArc.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of the Children’s Online Privacy Protection Act
(COPPA). The Website is designed for a general audience and are not directed to children under
the age of 13. We do not knowingly collect or solicit personal information from children under
the age of 13 through the Website. If we become aware that we have collected personal
information from a child under the age of 13, we will promptly delete the information from our
records. If you believe that a child under the age of 13 may have provided us with personal
information, please contact us as specified in the How to Contact Us section of this Privacy
Policy.
Additional Information
This Privacy Policy is personal between you and us, and no one else shall be deemed a third-
party beneficiary through you, of this Privacy Policy.

How to Contact Us

If you have any questions regarding this Privacy Policy or the use of your personal information
under this Privacy Policy, you can contact us at the following postal or email address:
Privacy Director
Edison Properties, LLC
110 Edison Place, Suite 300
Newark, NJ 07102
E-mail: privacypolicy@elevatedny.com