FOUNDING STREAMER PROGRAM AGREEMENT

PLEASE READ THE ENTIRETY OF THIS FOUNDING STREAMER PROGRAM AGREEMENT (“AGREEMENT”).

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IRIAM INC. (“COMPANY”)

BY SUBMITTING THE ONLINE APPLICATION, YOU INDICATE YOUR WISH TO PARTICIPATE IN THE FOUNDING STREAMER PROGRAM FOR COMPANY, AND ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE PROGRAM WHICH ARE OUTLINED IN THIS AGREEMENT, AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SUBMIT THE ONLINE APPLICATION OR OTHERWISE ACCEPT THIS AGREEMENT.

1. Overview

The Founding Streamer Program (“Program”) is operated by Company. This Program is designed to reward live streamers whom Company deems to show potential for excellent live streaming skills on our mobile software application, “IRIAM” (“App”). Should you be accepted into this Program (“Participant”), you will be eligible to earn Diamonds on the App. This Agreement, along with the IRIAM Character License Agreement, Online Form and the attached Privacy Policy,contain the complete terms and conditions that apply to you becoming a Participant in the Program.

2. Participant Requirements

2.1. In order to participate in the Program, Participants must be: (a) 18 years old or older, (b) currently reside in the United States of America, and (c) must not be represented by a talent agency or other association in connection with representing such Participant for live streaming purposes. The application process involves you completing and submitting the online application provided by the Company for the Program. Out of the submitted applications, Company will choose applicants that show potential for growth on IRIAM. Company may conduct interviews after reviewing the applicant’s application to decide whether such applicants will be a good fit for the Program. Company may decline to accept your application or terminate this Agreement and your status as a Participant in our sole discretion, including but not limited to, if Company determines that you are in violation of this Agreement, the terms of service, privacy policy or other agreements entered into in connection with using the App, or otherwise in violation of applicable law.
2.2. Should you be accepted into the Program to become a Participant, you will register and create an account on the App, and you agree to and acknowledge and understand that you must comply with the terms of service, privacy policy or other agreements entered into in connection with using the App.
2.3. Participant will be required to attend periodic meetings and answer questionnaires as provided by Company in its sole discretion.
2.4. Participants may upload Live 2D models to the App. Any upload content shall be considered User Content as defined in the App’s terms of service. Please note that: (a) Live 2D model data you submit will not be used by Company for any purpose other than for you to broadcast on the App; and (b) such Live 2D model data will be linked to the Participant’s account on the App. If adjustments are required to the Live 2D model data in order to function on the App, Company shall consult with you in before such adjustments are made.

3. Benefits and Incentives

3.1. Applicants who are chosen for the Program will be eligible to receive payments by Broadcasting on IRIAM. Such payment amount shall be calculated by multiplying the percentage determined by another document provided by IRIAM against the sales from you broadcasting on the App, provided however, that such payment amount may be changed by the Company in its sole discretion.
3.2. Company reserves the right to amend, cancel, revoke, or suspend any benefits and/or terminate this Agreement, your Participant account and/or your status and participation in this Program for in its sole discretion at any time and for any reason, with or without notice to you, including, without limitation, if Company suspects that you have violated this Agreement, or that the use of your Participant account is unauthorized, deceptive, fraudulent or otherwise abusive or unlawful. If such abuse or unlawful activity is detected, Company shall not be liable to you in any way. In the event that your participation in this Program is terminated, then all accumulated benefits and incentives in your Participant account are void.

4. Term and Termination

This Agreement will begin upon our acceptance of your online application, and will continue unless terminated hereunder. Either you or Company may terminate this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email sent to you at the applicable e-mail address set forth in your Program application, as may be updated by you by providing written notice to us. Any notices sent to us hereunder must be sent by email to: foundingstreamer1@iriam.com. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If you terminate your Participant account, all accumulated benefits and incentives in your Participant account are void.

5. Modification

Company reserves the right to modify, terminate, discontinue or cancel this Program or Agreement in whole or in part, temporarily or permanently, at any time and in our sole discretion without liability to you. Any changes or modifications will be effective immediately upon posting the revisions to IRIAM’s homepage or by emailing you such modified Agreement. You waive any right you may have to receive specific notice of such changes or modifications. Modifications may include, but are not limited to, changes in the Program rules. If any modification is unacceptable to you, your only option is to stop participating in the Program and terminate this Agreement in accordance with Section 4 above. Your continued participation in Program following such notice will indicate your agreement to the changes.

6. Grant of Licenses

The Company, at its sole discretion, may offer you an IRIAM-created character (“IRIAM Character”), which are subject to the IRIAM Character License Agreement and additional terms provided at the time of such offer. Unless otherwise agreed by the Company, IRIAM Characters are provided under a limited, personal, revocable, non-transferable license for use on the App and other platforms approved by the Company for promotional activies in connection with the Program, and all goodwill generated by the use of an IRIAM Avatar shall inure to the benefit of the Company.

7. Disclaimer

COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE APP, COMPANY SERVICES AND WEB SITES OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

8. Representations and Warranties

You represent and warrant that: (a) This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; (b) You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; (c) You have sufficient right, title, and interest in and to the rights granted to us in this Agreement; (d) You will comply with all applicable laws and regulations in connection with the performance of this Agreement; (e) you will comply with all applicable terms of service, privacy policies, and other terms, rules or policies of Company and the App; (f) You are at least 18 years of age, and upon request by Company at any time during the term of the Agreement.

9. Limitations of Liability

COMPANY WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS COMPANY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM ALL CLAIMS, DAMAGES OR LIABILITY ARISING OUT OF THIS AGREEMENT OR PARTICIPATION IN THE PROGRAM. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PROGRAM, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED ONE HUNDRED US DOLLARS.

10. Indemnification

You hereby agree to indemnify and hold harmless Company, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) on your infringement or misappropriation of any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation or breach of a covenant or agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

11. Confidentiality

All confidential, non-public or proprietary information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during the effective term of this Agreement which is reasonably understood by the parties to be confidential given the nature of the information and the circumstances of such disclosure, or marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such confidential or proprietary information of the other party without express written permission of the disclosing party.

12. Miscellaneous

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Company for your license or use of the App or any other products or services offered by Company, including, but not limited to the App’s terms of service, privacy policy or other agreements entered into in connection with using the App. Please refer to the Privacy Policy below for a description of how Company collects, uses and discloses information about customers.

12.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Company. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this Section.

12.2. You may not subcontract, assign, or delegate this Agreement nor any rights or duties hereunder to any third party, including by operation of law, without the prior written consent of Company, which Company may withhold in its absolute discretion. Further, in the event that Company does provide such consent, you agree and confirm that you shall be and remain liable to Company under this Agreement, including for any performance by any permitted subcontracting, assignment, or delegation. Company reserves the right to assign its rights and obligations hereunder, as it deems appropriate. Subject to the foregoing, this Agreement shall inure to the benefit of the parties and their respective successors and permitted assigns.

12.3. This Agreement and the Program are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules. You hereby submit to the exclusive jurisdiction and venue of the Federal and State Courts in Los Angeles, California for the purposes of any suit related to this Agreement and the Program and waive any claim that they are not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.This Program is void where prohibited by federal, state or local law.

12.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

12.5. This Agreement represents the entire agreement between us and you regarding the subject matter hereof, and shall supersede all prior agreements and communications of the parties, oral or written, regarding the subject matter hereof.

12.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

12.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Privacy Policy

IRIAM Inc. and its affiliates ("we," "our," and/or "us") value the privacy of individuals who use the IRIAM app and related websites and services provided by us (collectively, the "IRIAM Service"). This privacy policy (our "Privacy Policy") explains how we collect, use, and disclose information from users of IRIAM Service ("Users") or their devices. By using or accessing the IRIAM Service, you agree to the collection, use, disclosure, and procedures our Privacy Policy describes.

If you are a California resident, please see our California Resident Privacy Notice below for supplemental information and disclosures regarding rights of California residents.

If you choose to Broadcast content as a Broadcaster, please see our Biometric Privacy Notice for specific information about how we collect, use, disclose, retain, and destroy information regarding the movements of your facial features when you Broadcast as your avatar. Depending on your location, applicable laws might define the data used for facial animations as a biometric identifier or biometric information.

Information We Collect

We collect a variety of information from or about you or your devices from various sources, as described below.

If you do not provide your information when requested, you may not be able to use the IRIAM Service if that information is necessary to provide the IRIAM Service or if we are legally required to collect it.

• Information You Provide to Us

Registration and Profile Information. To sign up for an IRIAM Account and use the IRIAM Service, we ask you for either (i) your log-in information for a third-party account, such as your X ID, Google ID, LINE ID or Apple ID (collectively “Social Media ID”) or (ii) your email address and a password. Please note that if you log in with a X ID, we will automatically collect and use your X profile information, such as your public profile image, user name, access token and access token secret, and self-introductory statement, as your profile information on the IRIAM Service. We also ask you for your date of birth, location, and any associated Agency. When setting up your profile, you also may choose to provide a self-introduction, username, profile photo, header image, tags, TikTok ID, YouTube ID, and other information. When you create an account as an employee on behalf of an Agency, we ask you for your name, company name, signature, company address, company email address, company phone number, company payment information and other information.

Broadcaster Information. If you choose to Broadcast content as a Broadcaster, in order to cash out any Diamonds that you receive during a Broadcast, we ask you for your payment information, such as your billing and bank account information as well as other information that we need to complete the transaction, such as your name, date of birth, address, and postal code. If you cash out Diamonds in excess of a certain dollar amount per day, we also may require certain government identification documents from you, such as a driver’s license, state identification card, passport card, US military card (front and back), tax identification number, social security number, and/or Military dependent’s ID card (front and back).

As a Broadcaster, you must upload a static illustration to be used as your avatar when you Broadcast content. Using auto modeling technologies, we convert your facial expressions, like when you close your eyes, wink, open your mouth, or smile, into the expressions of your avatar. During this process, we collect your facial measurement data for the purposes described in our Biometric Privacy Notice. Depending on your location, applicable laws might define the data used for facial animations as a biometric identifier or biometric information.

Payment Information. To redeem Effects, purchase Points, or otherwise make payments through the IRIAM Service, a third-party service provider that handles payments for us will receive your payment information.

Communications Information. We receive information about you when you contact us and provide us with information directly. For example, when you contact us for customer support, we may receive your name, username, email address, the contents of a message or attachments that you may send to us, and other information you choose to provide. When you send us messages via the in-app messaging function of the IRIAM Service, we collect and store any messages you send. If you contact us regarding a billing issue, we may require you to provide additional information, such as a screenshot of your receipt, which contains the last four digits of your phone number, an order and/or document number, your phone carrier, address and postal code, and Apple ID.

Contests and Surveys Information. If you choose to participate in contests or sweepstakes, and if you subsequently win prizes, we may collect information about you, such as your name, username, address and postal code, phone number, information from your X account, and information from your IRIAM Account. If you choose to participate in our surveys, we may collect additional information about you, such as your name, age, occupation, gender, location (at the country level), information from your X account, information from your Discord account, username, User ID , mailing address, email address, username, survey responses, and other information you choose to provide.

• Information We Collect When You Use IRIAM Service

Device Information. We receive information about the device and software you use to download or access the IRIAM Service, such as User ID, unique device identifier, device model, locale, app version, carrier name, language/region settings, operating system name and version, mac Hash, internet protocol ("IP") address (from which we may infer your general location information), timezone and timezone offset, network type, mobile advertising identifiers, including IDFA, AdID, AAID, Android ID, IDFV, SSAID, Mobile ad ID, Widevine ID, and other online identifiers.

Usage Information. To help us understand how you use the IRIAM Service and to help us improve the IRIAM Service, when you use the IRIAM Service, we automatically receive information about your interactions with the IRIAM Service. Such information includes, but are not limited to, Broadcasts and content you watch, amount of time spent watching Broadcasts, your acts of supporting Broadcasters (such as a Star you send), hashtags and Effects used while watching Broadcasts, the number of Points and/or Diamonds in your possession, your level, follow and follower details, number of fan badges, mute and block details, in-app activity information during contests, in-app purchase information such as the dates, times, and amounts of your purchases, logs of your comments during Broadcasts, crash logs, the pages you request or search for, the pages and profiles you visit, and other information concerning usage.

If you are a Broadcaster, when you use the IRIAM Service, we automatically receive your Broadcasts, the times, dates, and durations of your use of the IRIAM Service, information about the number of Diamonds you hold, including the dates and times when the Diamonds were acquired and updated, Broadcaster rank and ranking history, the number of Users you are following and number of your followers, number of comments and likes you received, the number of Viewers who sent comments and likes to you, and the number of times Viewers have watched your Broadcasts, and other related information. In order for you to Broadcast as your avatar, we use tools provided by ARKit and OpenCV that run scans and collect facial measurement information. The information from these scans is used to make your avatar respond to your facial movements. Please refer to our Biometric Privacy Notice for additional information about how we collect, use, disclose, retain, and destroy your facial measurement information when you Broadcast on the IRIAM Service.

Information from Cookies and Similar Technologies. We and third-party partners collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the IRIAM Service.

Except for cookies strictly necessary for enabling us to provide the IRIAM Service, you have the option to disable cookies stored on your browser by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the content you visit. Please note that if you delete or choose not to accept cookies from the IRIAM Service, you may not be able to utilize the features of the IRIAM Service to their fullest potential.

• Information We Receive from Third Parties

Information from Third-Party Services. When you link the IRIAM Service to a third-party account, we receive information about you, including your username, screen name, profile information and your photo. We may receive additional information about you from third parties such as analytics providers or marketing partners and combine it with other information we have about you.

Information from Other Users. We may receive additional information about you from other Users of the IRIAM Service, including through customer support inquiries and from Broadcasters whose feeds you view.

How We Use the Information We Collect

We use the information we collect in accordance with the specific business and commercial purposes below:

• Providing the IRIAM Service: Provision of the IRIAM Service, a mobile application, and related websites and services, that allows Users to Broadcast through a virtual avatar and to watch and interact with other Broadcasters. We may use any of the categories of information described above for this purpose.

• Improving the IRIAM Service: Undertaking activities to verify or maintain the quality or safety of the IRIAM Service, and to improve, upgrade, or enhance the IRIAM Service, including undertaking internal research for technological development and demonstration. We may use any of the categories of information described above for this purpose.

• Personalization: Personalizing your experience on the IRIAM Service such as presenting tailored content. We may use your Registration and Profile Information, Communications Information, Device Information, Usage Information, Contests and Surveys Information, and Information from Cookies and Similar Technologies for this purpose.

• Debugging: Debugging to identify and repair errors that impair existing intended functionality. We may use your Registration and Profile Information, Communications Information, Device Information, and Usage Information for this purpose.

• Fraud and Incident Prevention, Safety Issues, and Compliance: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, prosecuting those responsible for that activity, and responding to trust and safety issues that may arise. For compliance purposes,, enforcing any of our terms or legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency. We may use your Registration and Profile Information, Communications Information, Device Information, Payment Information, and Usage Information for this purpose.

• Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you. We may use your Registration and Profile Information, Information from Cookies and Similar Technologies, Contests and Surveys Information, Communications Information, Device Information, and Usage Information for this purpose.

• Communicating and Sending Messages: Communicating with you, sending you push notifications, providing you with updates and other information relating to the IRIAM Service, providing information that you request, responding to comments and questions, and otherwise providing customer support. We may use your Registration and Profile Information and Communications Information for this purpose.

• Providing Prizes to Contest Winners: Providing you with any prizes, if you choose to participate in our contests and win. We may use your Registration and Profile Information, Communications Information, and Contests and Surveys Information for this purpose.

• Facilitating Payments: Redeeming Effects, purchasing Points, converting Diamonds into payments in accordance with our Broadcaster Program Terms, or otherwise making payments. We may use your Registration and Profile Information, Broadcaster Information, and Profile Information and Payment Information for this purpose.

• Accounting Operations: Recording the amount of sales and other accounting related operations. We may use your Registration and Profile Information, Broadcaster Information, and Payment Information for this purpose.

• De-identification and Aggregation: De-identifying and aggregating information collected through the IRIAM Service and using it for any lawful purpose. We may use your Registration and Profile Information, Device Information, and Usage Information for this purpose.

• Contracting Vendors: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling requests, verifying User information, processing payments or remittance, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services. We may use Registration and Profile Information, Broadcaster Information, Payment information, Communications Information, and Contests and Surveys Information, Device Information, Usage Information, Information from Cookies and Similar Technologies, Information from Third-Party Services, and Information from Other Users for this purpose.

• Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction. We may use Registration and Profile Information, Communications Information, and Payment Information for this purpose.

• Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

We do not use profiling to make decisions that would significantly affect you.

How We Disclose the Information We Collect

We may disclose information we collect from or about you as described below or as otherwise disclosed to you at the time of collection.

Affiliates. We may disclose any information we receive to our parent company and other affiliates for any of the purposes described in our Privacy Policy. This information may include Registration and Profile Information, Broadcaster Information, Payment Information, Communications Information, and Contests and Surveys Information, Device Information, Usage Information, Information from Cookies and Similar Technologies, Information from Third-Party Services, Information from Other Users.

Vendors and Service Providers. We may disclose any information we receive with contractors, vendors, service providers, and other parties retained in connection with the provision of the IRIAM Service. This information may include Registration and Profile Information, Broadcaster Information, Payment information, Communications, and Contests and Surveys, Device Information, Usage Information, Information from Cookies and Similar Technologies, Third-Party Services, Information from Other Users.

Other Users. The IRIAM Service is a social service in which you can find, enjoy, and share content. Registration and Profile Information, such as your username, profile picture, region, and self-introduction will always be viewable and searchable by other Users. If you Broadcast a performance, the performance will be viewable by Users who are watching the stream. If you post comments to a Broadcaster’s stream, your username and comments will be viewable by others, including other Users who are watching the same stream and that Broadcaster. We are not responsible for how Broadcasters or other Users use or disclose available information, so you should carefully consider whether and what to post or how you identify yourself on the IRIAM Service.

Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. Our analytics partners collect information about you and your device, including your Registration and Profile Information, Device Information and Usage Information. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners/, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Advertising Partners. We work with third-party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on the IRIAM Service and they may otherwise collect or have access to information about you that they may collect over time and across different online services. For this targeted advertising purpose, we may disclose Device Information, Usage Information, and Information from Cookies and Similar Technologies.

Our third-party advertising partners may collect information about you and your device, including your: Device Information, such as your mobile advertising identifier (IDFA, AdID, AAID, etc.), internet protocol (“IP”) address, and similar information about the device and software you use to download or access the IRIAM Service; and Usage Information, such as information about your activity on the IRIAM Service. Some of our advertising partners are members of the Network Advertising Initiative (http://optout.networkadvertising.org/) or Digital Advertising Alliance (http://optout.aboutads.info/). If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies.

Agencies. If you are a Broadcaster represented by an Agency, we disclose your information to such Agency for the purposes of managing your relationship with them. This information may include Registration and Profile Information, Usage Information and Broadcaster Information.

Third Parties as Required by Law and Similar Disclosures. We may access, preserve, and disclose any information about you to third parties if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety. This information may include Registration and Profile Information, Broadcaster Information, Payment Information, Communications Information, and Contests and Surveys Information, Device Information, Usage Information, Information from Cookies and Similar Technologies, Information from Third-Party Services, and Information from Other Users.

Third Parties in Merger, Sale, or Other Asset Transfers. We may disclose and transfer any information about you to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our business or assets. This information may include Registration and Profile Information, Broadcaster Information, Payment Information, Communications Information, and Contests and Surveys Information, Device Information, Usage Information, Information from Cookies and Similar Technologies, Information from Third-Party Services, and Information from Other Users.

Consent. We may also disclose any information from or about you or your devices with your permission.

Privacy Rights

Depending on your U.S. state residency, you may, at any time, exercise certain rights, as described below:

California Residents. If you are a California resident, subject to certain exceptions, you may exercise certain rights by submitting requests to know and access the personal information (as defined by the California Consumer Privacy Act) that we have collected about you, to delete personal information, to opt out of the sale of personal information and/or sharing of personal information for cross-context behavioral advertising purposes (please see below for our Notice of Right to Opt-out of Sale/Sharing), to correct inaccurate personal information about you, and to limit the use or disclosure of your sensitive personal information. You have the right to not be discriminated against for exercising these rights, subject to certain exceptions. Please see our California Resident Privacy Notice for supplemental information and disclosures regarding rights of California residents.

Colorado, Connecticut, Virginia, and Utah Residents. If you are a Colorado, Connecticut, Virginia, or Utah resident, you may exercise the following rights via IRIAM application by going to "My Page", tapping on "Settings" -> tapping on "Feedback and Inquiries to send your request” or by contacting us using the details provided in the “Contact Information” section below. You may make a request to exercise the following rights with respect to your personal data (as defined in the privacy law applicable to your state of residence):

• To confirm whether or not IRIAM processes your personal data and request access to such data;
• To delete personal data you have provided to IRIAM;
• To opt out of the processing of your personal data for purposes of: (i) targeted advertising; and (ii) the sale of personal data. You may exercise your right to opt out of the processing of personal data for targeted advertising and sale of your personal data by referring to the Notice of Right to Opt-out of Sale/Sharing; and
• To obtain a copy of your personal data in a portable and, to the extent technically feasible, readily usable format.
Residents of Virginia, Colorado, and Connecticut may additionally:

• Request to delete personal data obtained about you from sources other than IRIAM;
• Request to exercise your right to correct inaccuracies in your personal data;
• Opt out of the processing of your personal data for certain types of profiling in furtherance of decisions that produce legal or similarly significant effects. Please note that we do not engage in such profiling; and
• Appeal any decision with regard to your privacy request by contacting us using the details provided in the “Contact Information” section below.

If you are acting as an authorized agent to make a request on behalf of a user, please contact us via the Contact Information section and attach a written authorization signed by the user.

Please note that there are exceptions and limitations to each of the rights listed above. Also, while any changes to your personal data in our active user databases will be reflected within a reasonable period of time, we may retain certain information for backups, archiving, prevention of fraud and abuse, analytics, legal and compliance obligations, or as otherwise permitted under applicable law.

Biometric Privacy Notice

This Biometric Privacy Notice explains how we collect, use, disclose, retain, and destroy Biometric Data when you Broadcast on the IRIAM Service.

"Biometric Data" includes: (i) "Biometric Identifiers," which are data generated by measurements of your biological characteristics, such as your retina or iris scan, fingerprint, voiceprint, or a scan of your hand or face geometry; and (ii) "Biometric Information," which is information based on a Biometric Identifier that can be used to identify you.

Please review this Biometric Privacy Notice carefully. Before you Broadcast on our IRIAM Service, you must check the box in the pop-up to provide your consent for the collection, use, disclosure, retention, and destruction of your Biometric Data as described in this Biometric Privacy Notice. If you do not agree to the practices in this Biometric Privacy Notice, do not Broadcast on the IRIAM Service.

What type of Biometric Data do we collect?

Facial measurement information.

How do we collect, use, and disclose it?

In order for you to Broadcast as your avatar, we use tools provided by ARKit and/or in-camera functions of your device that run scans and collect your Biometric Data (e.g., measurements of your facial features, such as the degree to which your eyes open or your mouth closes). The information from these scans is used to make your avatar respond to your facial movements and expressions, like when you close your eyes, wink, open your mouth, or smile so that the avatar’s face moves just like yours. In addition, we use this Biometric Data to verify or maintain the quality of the IRIAM Service, to verify any potential malfunctions, and to otherwise improve the IRIAM Service.

We do not use the Biometric Data to identify you personally. We may disclose Biometric Data to our cloud database providers, such as Google for purposes of storing such data, to our parent company or affiliates, to any acquirer, successor or assignee, or where required by applicable law.

How long do we retain your Biometric Data?

We do not retain your facial measurement data longer than necessary to fulfill the purpose described above, unless there are legal requirements to delete it earlier or to keep it for a longer period (such as pursuant to a warrant or subpoena). What happens to your Biometric Data at the end of the retention period?

What happens to your Biometric Data at the end of the retention period?

When the retention period ends, your Biometric Data is permanently destroyed.

Data Retention

We take measures to delete your information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, the impact on the IRIAM Service we provide to you if we delete some information from or about you, mandatory retention periods provided by law, and any relevant statute of limitations.

Third Parties

The IRIAM Service may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy practices of these third parties. Please be aware that our Privacy Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. We are not responsible for the privacy practices or the content of such sites. If you have any questions about how these other sites use information from or about you, you should contact them directly. We encourage you to read their privacy policies before providing any information to them.

Security

We make reasonable efforts to protect information from or about you by using technical and organizational safeguards designed to improve the security of the information we maintain. However, as the IRIAM Service is hosted electronically, we can make no guarantees as to the security or privacy of your information.

Children’s Privacy

We do not knowingly collect, maintain, or use personal information from children under 18 years of age, and no part of the IRIAM Service is directed to children. If you learn that a child has provided us with personal information in violation of our Privacy Policy, please contact us at foundingstreamer1@iriam.com.

International Visitors

The IRIAM Service data is hosted in Japan and the United States. If you choose to use the IRIAM Service from the European Union or other regions of the world, then please note that you are transferring information from or about you or your devices outside of those regions to Japan and the United States for storage and processing. Also, we may transfer your data from Japan and/or the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the IRIAM Service and your data may be accessible to law enforcement and national security authorities outside of your country of residence. By providing any information, including information from or about you or your devices, on or to the IRIAM Service, you consent to such transfer, storage, and processing.

Changes to Our Privacy Policy

This Privacy Policy shall only be effective until the Privacy Policy is posted on the IRIAM homepage. Upon posting of such Privacy Policy on the IRIAM homepage, such Privacy Policy shall control and replace this Privacy Policy in its entirety.
Our Privacy Policy may be revised from time to time. We will post any adjustments to our Privacy Policy on this page, and the revised version will be effective as of the last updated date. If we materially change the ways in which we use or disclose information from or about you or your devices previously collected from you through the IRIAM Service, we will make reasonable efforts to notify you of the changes by sending a notice to the primary email address that we have to contact you and/or by placing a notice on the IRIAM Service.

Contact Information

If you have any questions, comments, or concerns about our processing activities, please contact us at foundingstreamer1@iriam.com.

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Notice of Right to Opt-out of Sale/Sharing

Personal Information "Sales" and "Sharing" Opt-Out

Under the California Consumer Privacy Act ("CCPA"), California residents have the right to opt-out of the "sale" of personal information or "sharing" of personal information for "cross-context behavioral advertising." "Cross-context behavioral advertising" generally refers to the use of your online activities across non-affiliated websites or services to decide what ads you might be interested in seeing. Examples of personal information we may "sell" or "share" for cross-context behavioral advertising include your User ID, username, device and advertiser identifiers, level within the application, and other personal information we have described in the California Resident Privacy Notice.

When we disclose personal information to third-party service providers so that they can perform business functions for us or on our behalf, this is not considered a "sale" or "sharing" under the CCPA, and so the right to opt-out does not apply.
To exercise the right to opt-out, you may do so by contacting foundingstreamer1@iriam.com.
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California Resident Privacy Notice

This California Resident Privacy Notice supplements the information and disclosures contained in our Privacy Policy. It applies to individuals residing in California from whom we collect Personal Information as a business under the CCPA.

Personal Information Collection, Disclosure, Sale, and Sharing

For the purposes of this notice, Personal Information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, as amended or superseded from time to time ("CCPA").

Personal Information does not include information that is:
• Publicly available, as defined by the CCPA.
• Deidentified or aggregated.
• Otherwise excluded from the scope of the CCPA.

We have collected and disclosed the following categories of Personal Information (as defined by the CCPA) for a business purpose with the following categories of third parties in the preceding twelve months since this notice was last updated:

• Identifiers, such as name, username, user ID, mailing address, unique personal identifier, online identifier, browser cookies, device identifiers, internet protocol address, email address, account name, social security number, state tax identification number, driver license number, passport number, US military number, Military dependent’s ID number, bank account name, or other similar identifiers. We have disclosed this Personal Information to advertising providers, analytics providers, affiliates, service providers, integrated third parties, third parties as legally required, third parties in a merger or acquisition, third parties with consent, agencies, and other users.

• Categories of Personal Information in Cal. Civ. Code Section 1798.80(e), such as name, address, telephone number, user profile tag regarding hobbies, billing information, currency setting, bank account name and number of broadcasters who cash out "Diamonds," and credit card number, debit card number or other financial information of users who make payments through the services. We have disclosed this Personal Information to advertising providers, analytics providers, affiliates, service providers, integrated third parties, third parties as legally required, third parties in a merger or acquisition, third parties with consent, agencies, and other users.

• Characteristics of protected classifications under California or federal law, such as age, including whether you are over 40 which can be determined from your date of birth, gender and contest winners’ allergy information. We have disclosed this Personal Information to our affiliates, service providers, third parties as legally required, agencies, third parties with consent, and other users.

• Commercial information, such as history of when users purchase "Points" and "Items," history of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We have disclosed this Personal Information to affiliates, service providers, third parties as legally required, agencies, and third parties with consent.

• Biometric information, specifically facial measurement information. We have disclosed this Personal Information to our service provider.

• Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction. We have disclosed this Personal Information with advertising providers, analytics providers, affiliates, service providers, third parties as legally required, third parties with consent, agencies, and other users.

• Sensory information, such as audio, electronic, visual, or similar information. We have disclosed this Personal Information to affiliates, service providers, integrated third parties, third parties with consent, agencies and other users.

• Inferences drawn from Personal Information, such as consumer profiles reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We have disclosed this Personal Information to analytics providers, affiliates, service providers, and third parties with consent.

• Sensitive Personal Information, such as biometric information, social security number, state tax identification number, driver license number, passport number, and login information. We have disclosed identifiers (such as social security, state tax identification card, driver’s license, US military number, Military dependent’s ID number, and passport number), and log-in and financial information (such as account log-in, in combination with password) to third parties, such as third parties with consent and agencies.

We also have disclosed for a commercial purpose, “sold” or "shared" for cross-context behavioral advertising ("CCBA") the following categories of Personal Information with the following categories of third parties in the preceding twelve months since this notice was last updated:

• Identifiers, such as username, user ID, IP address, cookies, device identifiers, and other unique identifiers. We have sold or shared for CCBA this Personal Information to Advertising Providers.

• Internet or other electronic network activity information, specifically in-app activity information while viewing the broadcast, such as your comments, hashtags, and amount of time spent watching the broadcast. We have sold or shared for CCBA this Personal Information to Advertising Providers.

We do not have actual knowledge that we sell or share for CCBA the personal information of consumers under 16 years of age. We do not use or disclose "sensitive personal information" for purposes which would require us to offer consumers the right to limit under the CCPA.

Use of Personal Information

We collect your Personal Information for the purposes, including the business and commercial purposes, below:
• Providing Our IRIAM Service: Provision of our IRIAM Service.

• Improving Our IRIAM Service: Undertaking activities to verify or maintain the quality or safety of our IRIAM Service, and to improve, upgrade, or enhance our IRIAM Service, including undertaking internal research for technological development and demonstration.

• Personalization: Personalizing your experience on our IRIAM Service such as presenting tailored content.

• Debugging: Debugging to identify and repair errors that impair existing intended functionality.

• Fraud and Incident Prevention, Safety Issues, and Compliance: Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, prosecuting those responsible for that activity, and responding to trust and safety issues that may arise. For compliance purposes, including determining whether Users have violated our Terms of Service for Users or any of our other terms, enforcing our Terms of Service for Users or any of our other terms or legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

• Marketing: Marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest to you.

• Communicating and Sending Messages: Communicating with you, sending you push notifications, providing you with updates and other information relating to our IRIAM Service, providing information that you request, responding to comments and questions, and otherwise providing customer support.

• Providing Prizes to Contest Winners: Providing you with any prizes, if you choose to participate in our contests and win.

• Facilitating Payments: Redeeming Items, purchasing Coins, converting Diamonds into payments in accordance with our Broadcaster Program Terms, or otherwise making payments.

• Accounting Operations: Recording the amount of sales and other accounting related operations.

• De-identification and Aggregation: De-identifying and aggregating information collected through our IRIAM Service and using it for any lawful purpose.

• Contracting Vendors: Contracting with service providers to perform services on our behalf or on their behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling requests, verifying User information, processing payments or remittance, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services.

• Enabling Transactions: Otherwise enabling or effecting, directly or indirectly, a commercial transaction.

• Notified Purpose: For other purposes for which we provide specific notice at the time the information is collected.

In the preceding twelve months since this notice was last updated, we have shared Personal Information for CCBA in order to develop and provide promotional and advertising materials that may be relevant, valuable or otherwise of interest to you.

Collection of Personal Information

In the preceding twelve months since this notice was last updated, we have collected Personal Information from the following categories of sources:

• You/Your Devices: You or your devices directly.

• Users: Other users of our services.

• Affiliates.

• Service Providers: Service providers who help us with conducting surveys, developing and delivering promotional materials and advertisements, creating filters, providing editing tools, and other business purposes.

• Third-Party Services: When you link our Services to a third-party account, we receive information about you, including your username, screen name, profile information and your photo. We may receive additional information about you from third parties such as analytics providers or marketing partners and combine it with other information we have about you.

• Agencies: If you are a Broadcaster represented by an Agency, we may receive information about you from your Agency.

Disclosure of Personal Information

In the preceding twelve months since this notice was last updated, we disclosed Personal Information to the following categories of third parties for the purposes of providing IRIAM Service, improving IRIAM Service, personalizing your experience, debugging, fraud and incident prevention, safety issues, and compliance, marketing, communicating and sending messages, providing prizes to contest winners, facilitating payments, accounting operations, de-identification and aggregation, contracting vendors, enabling transactions, and other notified purposes.

• Advertising Providers: Advertising technology companies, such as advertising networks.

• Analytics Providers

• Affiliates

• Service Providers: Vendors and service providers.

• Integrated Third Parties: Third parties integrated into our services.

• Third Parties as Legally Required: Third parties as required by law and similar disclosures.

• Third Parties in Merger/Acquisition: Third parties in connection with a merger, sale, or asset transfer.

• Third Parties with Consent: Other third parties for whom we have obtained your permission to disclose your Personal Information.

• Agencies: If you are a Broadcaster, the Agency that represents you as a Broadcaster. If you are a Viewer, with the Agency that represents the Broadcaster whose Broadcast you are Viewing.

• Users: Other users of our services.

Your California Privacy Rights

If you are a California resident, you may exercise the following rights.

Right to Know and Access.

You may submit a verifiable request for information regarding the: (1) categories of Personal Information collected, sold, shared for CCBA, or disclosed by us; (2) purposes for which categories of Personal Information are collected, sold, or shared for CCBA by us; (3) categories of sources from which we collect Personal Information; (4) categories of third parties with whom we disclosed Personal Information; and (5) specific pieces of Personal Information we have collected about you.

Right to Delete.

Subject to certain exceptions, you may submit a verifiable request that we delete Personal Information about you that we have collected from you.

Right to Correct.

Subject to certain exceptions, you may submit a verifiable request that we correct inaccurate Personal Information that we maintain about you.

Verification.

Requests for access to or deletion or correction of Personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To verify your access, correction, or deletion request, please authenticate your account by logging into your account.

Right to Opt Out.

In some circumstances, you may opt out of the sale or sharing for CCBA of your Personal Information. Please refer to the Notice of Right to Opt-out of Sale/Sharingto opt out of the sale or sharing for CCBA of your Personal Information. We do not use your sensitive personal information, as defined by CCPA, for the purpose of inferring characteristics about you.

Right to Equal Service and Price.

You have the right not to receive discriminatory treatment for the exercise of your CCPA privacy rights, subject to certain limitations.

Shine the Light.

We do not rent, sell, or disclose Personal Information to nonaffiliated companies for their direct marketing uses as contemplated by California’s "Shine the Light" law (Civil Code § 1798.83), unless we have your permission.

Submit Requests.

To exercise your rights under the CCPA, please follow the instructions described in the "Your California Privacy Rights" above or send an email via our Contact Information section or via IRIAM application by going to the "My Page", tapping on "Settings" -> tapping on "Feedback and Inquiries to send your request”.

Authorizing an Agent.

If you are acting as an authorized agent to make a request to know, delete, correct, or opt out on behalf of a California resident, please contact us via the Contact Information section and attach a written authorization signed by the resident.

Do Not Track

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

Contact Information

If you have any questions, comments, or concerns about this notice or our processing activities, or you would like to exercise your privacy rights, please email us at foundingstreamer1@iriam.com.
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