PRIVACY POLICY

When you provide us with information through any of our Zello branded sites (the “Sites”), we respect your privacy. It is important for you to understand what information we collect about you during your visit and what we do with that information. Your visit to the Sites is subject to this Privacy Policy and our Terms and Conditions. Please note that this Privacy Policy governs only information provided to the Sites and Zello Capital, LLC and its affiliated entities (collectively, “Zello”).

NOTICE: THIS PRIVACY POLICY CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE SITE OR THE SERVICES, THIS PRIVACY POLICY OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS.

1. Collection of Personally Identifiable Information

We do not collect personally identifiable information about you, except when you provide it to us. For example, if you register through our Sites, you may be asked to provide certain information such as your contact information (name, e-mail address, telephone number, billing addresses, credit card number and expiration date, and/or account information for us to remit payments to you). If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.

When you submit your personally identifiable information on the Sites, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy.

2. Use of Personally Identifiable Information by Zello.

a. We use information that we collect about you or that you provide to us, including any personal information:

· To present our Sites and their contents to you.

· To provide you with information, products, or services that you request from us or that we think may interest you.

· To fulfill any other purpose for which you provide it.

· To provide you with notices about your account.

· To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

· To notify you about changes to our Sites or any products or services we offer or provide though them.

· To allow you to participate in interactive features on our Sites.

· To protect the security or integrity of the Sites and our business.

· To share your Personal Information with third parties for our marketing, commercial and advertising purposes, subject to any opt-out rights you may have.

· In any other way we may describe when you provide the information.

· For any other purpose with your consent.

We may also use your information to contact you about our own and select partners’ goods and services that may be of interest to you.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences.

b. Email communications to Serve You

If you have elected to provide us with your contact information, e.g., by registering at the Site, emailing our Customer Service department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests for your order.

c. Opt-out Communications

If you subscribe to our content or otherwise communicate with us through the Sites or email, we will retain your contact information. We may use this information to reply to your communication or to send you materials that we think may be of interest to you, such as newsletters or other subscription content.

By providing us with your email and other contact information, you are consenting to receiving these communications from us.

You may opt out of future communications at any time.

• To opt out of email subscriptions, simply click the “unsubscribe” link found at the bottom of each email campaign.

• To opt out of other communications and to have your Personal Data removed from all our systems, contact

3. Disclosure of Personally Identifiable Information for Third Party Marketing

We may provide your personally identifiable information to third parties for their use in marketing their products or services to you once you have registered on one of our Sites to receive emails and information from us or our partners.

4. Disclosure of Personally Identifiable Information

a. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

· To data partners for the purposes set forth in this Privacy Policy.

· To our subsidiaries and affiliates.

· To contractors, service providers, and other third parties we use to support our business.

· To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site’s users is among the assets transferred.

· To auditors and professional advisers like bankers, lawyers, accountants and insurers.

· To fulfill the purpose for which you provide it.

· For any other purpose disclosed by us when you provide the information.

· With your consent.

We may also disclose your personal information:

· To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

· If we believe disclosure is necessary or appropriate to protect our rights, property, and or the safety or those of our users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

b. Special Events

If you elect to participate in any promotions, surveys, questionnaires, live or other events during or that you learn about from visits to our Sites, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.

5. Use of Aggregate Information

We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans.

6. Information We Automatically Collect

IP Addresses. When you connect to the Internet, your computer has a unique identification code called a “MAC ADDRESS”. You also have an “IP address" Depending on the way you access the Internet, you may also have a different IP address each time you connect, or your IP address may be the same each time, or it may not be a unique IP address – you may share the IP address with others using your router. We log the IP addresses of users who visit this Site. We use your IP address for system administration purposes, such as to help diagnose problems with our server. In addition, we may use your IP address to help identify you and to gather broad demographic information about you and the rest of the users who visit this Site.

7. Use of Cookies, Pixels and Tracking Technologies

“Cookies” are a feature of web browser software that allows web servers to recognize the computer used to access a Site. They are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Information gathered through cookies and web server logs may include information such as the date and time of visits, the pages viewed, time spent at the Sites, and the websites visited just before and just after the Site. Cookies can remember what information a user accesses on one web page to simplify subsequent interactions with the Sites by the same user or to use the information to streamline the useR’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

We use Site browser software tools such as cookies and web server logs to gather information about this Site’s users’ browsing activities in order to constantly improve the Sites and better serve our users of the Sites. This information helps us to design and arrange our web pages in the most user-friendly manner and to continually improve the Sites to better meet the needs of our users and prospective users. We do not use these technologies to capture your individual e-mail address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.

If you have turned off all cookies, you may not be able to access any or all of the areas on the Sites.

Pages of our Sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies.

We may share information we receive through the use of these technologies with our marketing vendors and social media partners, who may have real-time access to it.

Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

8. Children under 13

If you are under 13 years of age, you may browse our Sites. You should not provide personal information to us. The Sites are not designed or intended for children and we do not knowingly collect personally identifiable information from any children under 13.

9. Links

The Sites may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on our Sites.

10. Security

We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline.

11. Notification of Changes

We may revise this Privacy Policy. If we decide to change our Privacy Policy and we will post the revised policy here.

12. Updating Your Information

You have the ability to change and/or correct the personally identifiable information you provide us. If you are a registered user, you can review, change or correct your personal information at any time by logging into your account. You may request that we deactivate your account by emailing us.

13. California Privacy Rights

California Civil Code Section 1798.83 permits those customers that are California residents to request certain information regarding our disclosure of your personal information to other parties for their direct marketing purposes. To make such a request, please send an email to info@zellogroup.com or write to us at: Zello, 4123 West Olive, Burbank, CA 91505.

14. Merger, Sale or Change in Control

In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

15. GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION

All matters relating to the Site and this Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

By using the Site, you agree that any dispute in any manner arising out of or relating in any way to this Privacy Policy, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, CA area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Zello except only if the arbitrator determines the claims are frivolous, or that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, are referred to herein as a “Class Action.” Notwithstanding anything else in the Privacy Policy or the JAMS rules but subject to the exception for injunctive or equitable relief and public injunctive relief below, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or this Privacy Policy: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempt from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction. Judgment on any arbitration award may be entered in any court having valid jurisdiction thereof. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of with appropriate jurisdiction, including equitable relief, public injunctive relief, or other provisional relief as appropriate and as allowed under this agreement or by law, in which case the parties submit to the sole and exclusive jurisdiction and venue of the state and federal courts of Los Angeles, CA.