BERG Toys B.V.

Privacy Policy

LAST UPDATED: 10 May 2024

BERG Toys B.V. (“us”, “we” or “our”) is committed to preserving your privacy and being transparent about how it uses information that it may collect from or about you through your use of, interactions with or access to the Infinity Pods app (the “App”). This privacy policy (the “Privacy Policy”) describes our practices for collecting, using, maintaining, protecting and disclosing your information as well as the choices available to you regarding our use of your information.

This Privacy Policy does not apply to any information collected by any website operated by any third parties including through any application or content (such as advertising) that may link to or be accessible from or through the App.

By using, interacting with, or otherwise accessing the App or by providing your information to us or to our affiliates, you hereby agree to our treatment of your information in accordance with the terms and conditions of this Privacy Policy, our Terms of Use and all of our other policies, notices, terms and conditions (collectively, the “Terms”). Please read such Terms prior to using, accessing or otherwise interacting with the App. Your continued use of, access to or interaction with the App after we make changes to such Terms is deemed to be acceptance of those changes. As such, please check the App frequently for updates.

Personal Information

Generally. For purposes of the Terms, “Personal Information” shall consist of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you, your household or your device. For the avoidance of doubt, Personal Information includes names, email addresses, IP addresses and telephone numbers.

Your Consent. When you submit any Personal Information through our App, you expressly consent to the treatment of your Personal Information defined in this Privacy Policy. If we collect your Personal Information with your consent, you may withdraw your consent at any time by contacting us at [email protected].

Personal Information We Collect. We may obtain Personal Information about you when you interact with the App. The types of Personal Information we obtain include but are not limited to: (i) information you provide voluntarily; and (ii) information gathered through automated processes using pixels, cookies and other technologies, such as your IP address. We do not collect Sensitive Personal Information.

How We Use the Information We May Obtain. We may use the Personal Information we obtain from you for our legitimate business interests, such as to understand our customers, and to enhance and promote our goods, products and services.

Data Privacy

Personal Information We Disclose. We take your privacy very seriously, and we do not sell or disclose Personal Information we collect from you in connection with the App to any third party, except as described in this Privacy Policy. We may disclose Personal Information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent. We also reserve the right to transfer Personal Information in the event we sell or transfer (or contemplate the sale or transfer of) all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or

How We Protect Personal Information. We maintain administrative and technical safeguards designed to protect Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. While we strive to protect your information, no data transmission over the Internet is 100% secure and, consequently, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit or provide, and you do so at your own risk. We cannot promise that your information will remain absolutely secure in all circumstances. We are not responsible for the circumvention of any privacy settings or security measures we may provide.

Children’s Personal Information. The App is directed toward a general audience and is not directed to children under 18 years of age without supervision by a parent or legal guardian. We do not knowingly collect or use information from children under 18 obtained through the App. If we become aware that we have collected Personal Information from a child under the age of 18, we will promptly delete the information from our records. If you believe that a child under the age of 18 may have provided us with Personal Information, please contact us at [email protected].

1. Personal Information Retention. We retain Personal Information only for as long as necessary to provide the products or services you requested, and for additional periods where there are legitimate legal or business purposes, such as:

   • When mandated by law, rule, regulation, contract or similar obligations applicable to our business operations.
   • For preserving, resolving, defending or enforcing our legal and contractual rights.

When needed to maintain adequate and accurate business and financial records.

In no event shall we retain your Personal Information for a period exceeding three years from the date it was collected unless a longer retention period is necessary as outlined above. Upon expiration of the applicable retention period, we will destroy your Personal Information in accordance with applicable laws and regulations.

Notice to California Residents

This section provides information about your privacy rights about the Personal Information we collect from you as a California resident when you access the App, and the choices you can make regarding your rights.

If you are a California resident, in addition to the rights outlined above, you may be entitled to the privacy rights described below under the California Privacy Rights Act (“CPRA”). California residents under the CPRA have the right to:

1. Request the—

Equal services (i.e., no retaliation or discrimination practices for exercising your CPRA rights).

Limit the use of Sensitive Personal Information to that necessary to perform the services or provide the goods reasonably expected by an average consumer (we do not collect Sensitive Personal Information).

How to Submit your Request to Exercise Your CPRA Rights. If you are California resident and would like to exercise one or more of your CPRA rights, please email us at [email protected].

Notice to Residents of Other States

Under certain states' data protection laws, as a resident of that state you may have the right to:

• Confirm whether or not we are processing your Personal Information, and access to your Personal Information.
• Correct inaccurate Personal Information.
• Delete Personal Information.
• Obtain a copy of Personal Information.
• Opt-out of (i) the sale of Personal Information (we do not sell your Personal Information), (ii) targeted advertising (we do not use your Personal Information for targeted advertising), (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer (we do not use your Personal Information for such profiling).

How to Submit your Request to Exercise Your Rights. If you are a consumer in a state with applicable data protection laws and would like to exercise one or more of your consumer rights, please email us at [email protected]. If we reject your request, you may appeal that rejection by e-mailing us at [email protected], or contact your state Attorney General, if applicable, if you have concerns about the result of an appeal.

Changes to this Policy

We retain the right to change, modify or revise this Privacy Policy at any time without prior notice to you to reflect changes in our practices for collecting, using, maintaining, protecting and disclosing your information or to satisfy any legal requirements to which we may be subject. These changes shall be effective immediately. We encourage you to regularly check this Privacy Policy so that you understand our current privacy practices. The date at the top of this Privacy Policy indicates the last update hereto.

Contact Us

If you have any questions regarding this Privacy Policy or the way we collect and use your information, or if you suspect a data breach or any unauthorized use, you may email us at [email protected].