The following Privacy Policy provides information and notice to you of Rarefied Atmosphere Inc.’s (“Rarefied Atmosphere,” “we,” “our” or “us”) policies and practices regarding the collection, use, disclosure, transfer and sharing of information from or about you in connection with your use of the ATMOSPHERE service, which includes our video streaming service, all content streamed through said platform, our website, account portal, applications, software, branded products and related services (collectively, the “Services”). You, other visitors to our website and application, and other end users of our Services are collectively referred to as “you”, “your” and “Users”.

By accessing and using any of our Services, you agree and accept the terms and conditions of this Privacy Policy and consent to the collection and use of information from or about you that is explained in this Privacy Policy. This Privacy Policy applies to data and private information collected by us through the Services, which includes personal information and non-personal information (such as certain persistent identifiers and aggregated information).

Please read this policy. If you have any questions or suggestions regarding our privacy policy, please contact us. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then do not use the Atmosphere Service. Please note that this Privacy Policy contains hyperlinks that may only be accessed through our website: https://atmosphere.tv (the “Website”) to view this Privacy Policy with clickable hyperlinks, please visit our website on your computer.

Collection of Information

Rarefied Atmosphere may collect the below types of information from or about you on its Website or through the ATMOSPHERE account portal (the “Portal”). These vary over time, but may include:

● Information you provide to us, including without limitation:

o Information provided during the sign-up process: personal information and non personal information, including your name, business name (as applicable), email address, service or home address, phone number, username, password, account preferences, and other similar or related information.

o Billing information, including your credit card number, its expiration date, security code, billing address, purchase and payment history, and any other information you, your credit card issuer or our payment processors provide or make available to us related to billing.

o Information gathered through your communications with us, including questions, suggestions, complaints or other information communicated to customer service, whether through email or phone, or by any other available means at the time.

● Information Rarefied Atmosphere and third parties collect automatically, including without limitation:

o Usage and Log Data, including your IP address, device, browser and software characteristics (e.g., type and operating system), location (longitude and latitude), and general activity on the Services, including viewing habits and choices, information about the channels and content you view on the ATMOSPHERE service, page views, ad data, referral URLs, network state, device identifiers/information or other unique identifiers such as advertising identifiers (your AD-ID or ID-FA) and identifiers associated with cookies (see “Cookies” section below).

o Information automatically collected and transmitted when you visit our website or app, such as information contained in cookies, web beacons, tags and other technologies related to your online behavior activities (e.g., pages visited, searches requested and other browser related information and activities), and any other information collected using similar technologies

Said third parties may include, without limitation:

o Affiliates or business partners, consumer reporting agencies and other service providers (e.g., advertising networks, advertising technology companies and other advertising-related service providers).

o Service providers that help us determine a location based on your IP address in order to customize service and for other uses as set forth in this Privacy Policy.

o Select partners who we engage for co-marketing or co-sponsorship activities.

● Data Collected Through Cookies

Like many online services, Rarefied Atmosphere may use various technologies to collect usage data and store preferences. One such technology is a “Cookie”, which is a small data file that is saved within browser storage that can be deleted at any time. We and our third parties use Cookies and other similar types of technology to make your use of the Service more convenient, and to support and improve our business, marketing and advertising activities on the Service.

The Service may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics and Rarefied Atmosphere’s business partners use Cookies to help analyze how users use the Service. The information generated by the Cookie about your use of the Service will be transmitted to and stored by Google on servers in the United States. Google and Rarefied Atmosphere’s business partners will use this information for the purpose of evaluating your use of the Services, compiling reports on activity for end users and providing other services relating to Service usage. Google and Rarefied Atmosphere’s business partners may also transfer this information to third parties when required to do so by law, or where such third parties process the information on Google’s or Rarefied Atmosphere’s business partners’ behalf. Google will not associate your IP address with any other data held by Google.

Most browsers are initially set up to accept Cookies, but you can set up your browser to alert you every time a Cookie is offered, letting you decide whether or not to accept it or you may select the appropriate settings on your internet browser, or by enabling the Do Not Track settings in your browser. Please note, if you do this, you may not have full access to the Websites. By accessing using the Websites, you consent to the processing of data about you by Google and Rarefied Atmosphere’s business partners in the manner and for the purposes set out above.

Use of your Data and Information

Rarefied Atmosphere uses the information you provide for various purposes, including those listed below:

● To provide our Services. For example, to set-up, register and maintain your account, provide the ATMOSPHERE Service and all Content to you, and charge you for any of our paid Services;

● To further develop and improve our Services. For example, by adding new features and ATMOSPHERE channels and content that we think our users will enjoy; ● To monitor and analyze trends. This allows us the ability to better understand how users interact with our Services, which helps us improve and maintain our Services and make them easier to use;

● To monitor the effectiveness of advertising. To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition; ● To monitor and prevent any problems with our Services. To protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of ATMOSPHERE;

● To communicate with you. For example through an email or through your account portal, about offers and promotions, to solicit your feedback, or keep you up to date on ATMOSPHERE and our Services (which you can unsubscribe from at any time); and

● To personalize your experience. We may target our marketing messages to groups of our users (for example, those who have a particular plan with us or have been our user for a certain length of time), and deliver targeted or other customized advertising, offers and other services, including regarding the sale of related advertising for goods and services via the ATMOSPHERE Service.

How We Share Information

Rarefied Atmosphere shares information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:

● Business Partners: We work with a number of business partners who help us offer ATMOSPHERE Services. We may share information collected from or about you with such business partners.

● Affiliates: We may share your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that Rarefied Atmosphere is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Services and Affiliates’ own services.

● Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.

● Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you through our Services. This group includes vendors that help us provide our Services to you (like payment providers that process your credit card information, email delivery services that help us stay in touch with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns) and those that help us understand and enhance our Services (like analytics providers), who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them.

● Legal and Regulatory Requirements: We may disclose information about you in response to a subpoena, court order, to comply with a judicial proceeding, or other governmental request.

● To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of ATMOSPHERE, its users, third parties, or the public at large or to prevent fraud or other illegal activity.

● Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that ATMOSPHERE goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.

● With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so.

● Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. This includes the collection of precise location information, which may be used by itself for the provision of Services and/or aggregated or combined with other identifiers and shared with third parties, for purposes related to advertising, attribution (e.g., measuring ad performance) analytics and research.

● Advertisers: Rarefied Atmosphere does not share your personal information with advertisers without your consent. Rarefied Atmosphere does allow advertisers to choose the characteristics of users who will see their advertisements and Rarefied Atmosphere may use any of the non-personally identifiable attributes it has collected to select the appropriate audience for those advertisements.

Log Files. Like most standard website servers, we use log files. This includes internet protocol addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. We

may use a tracking utility that uses log files to analyze user movement. This information is not linked to personally identifiable information.

Your Choices / Opt-Out Options

You have several choices available when it comes to information about you:

● Opt-Out of Marketing Communications: You may opt out of receiving promotional communications from us. Just follow the instructions in those communications or let us know. If you opt out of promotional communications, we may still send you other communications, like those about your account and legal notices.

● Set Your Browser to Reject Cookies: You can choose to set your browser to remove or reject browser cookies before using the ATMOSPHERE website, with the drawback that certain features of the website may not function properly without the aid of cookies.

In the event you are located in certain countries that fall under the scope of the European General Data Protection Regulation (aka, the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:

● Request access to your personal data;

● Request correction or deletion of your personal data;

● Object to our use and processing of your personal data;

● Request that we limit our use and processing of your personal data; and ● Request portability of your personal data.

You may reach us at privacy@atmosphere.tv to exercise any of these rights. We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, would require disproportionate technical effort, or could expose us to operational risks. Please note, that by deleting your data, your ability to access the service may be disrupted.

Controllers and Responsible Companies. Rarefied Atmosphere is controller (or co controller) of all customer personal information, which means that Rarefied Atmosphere is the company responsible for processing that information, based on the particular service and the location of the customer using our Services. Depending on the Services, more than one company may be the controller of your personal data.

Additional Options for California Residents. California Civil Code Section 1798.83 permits customers of the Services who are California residents to request certain information regarding the disclosure of any personal information to third parties for their direct marketing purposes. To make such a request, e-mail privacy@atmosphere.tv

Retention and Security

We may retain information as requested or permitted by applicable laws and regulations, for our billing or records purposes and to fulfill the purposes of this Privacy Policy. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer

needed. We also use reasonable, administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. These measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information.

Mailing List

Rarefied Atmosphere may launch an email mailing list for customers of its Services. In order to receive regular emails, newsletters and the like from a mailing list from Rarefied Atmosphere, users must submit information during the registration process including, without limitation, a valid email address and address/location. This information will be used in anonymous, aggregate form only in order to assess general user interest in various internal and third-party products and services. Your personal contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails from us, including new articles added to the site as well as, from time to time, emails from third-party site sponsors. You may opt out of receiving emails from third party advertisers at any time by contacting us at privacy@atmosphere.tv or by communicating such request through the account portal.

Notification of Changes

We will update this Privacy Policy from time to time in response to changing legal, regulatory or operational requirements, and will provide notice of any such changes and when those changes take effect. Whenever Rarefied Atmosphere changes its Privacy Policy, we will post those changes to this Privacy Policy, and other places deemed appropriate. Your continued use of the ATMOSPHERE Services will constitute acknowledgement and acceptance of any updates to this Privacy Policy.

How Should a User Contact Rarefied Atmosphere?

If you suspect that Rarefied Atmosphere has handled your information in a manner that does not comply with this Privacy Policy, please contact us at privacy@atmosphere.tv.