Terms of Service - Participant

Last Revised: March 26, 2020

haku App Corporation, Inc. (“haku”, “we”, “us”, or “our”) makes it simple to organize, execute, market, and register for events by empowering users who are event organizers, event planners, and/or charitable organizations, and their representatives (“Organizers”), with state-of-the-art tools to plan their events, track their progress, engage users who want to purchase tickets to, register for, participate in, purchase products or membership services from, or donate to events (each, a “Participant”, and as applicable, “you” or “your”) listed by Organizers through the Service (as defined below). Additionally, haku makes the registration and donation process fast and easy for Participants.

This Terms of Service (“Terms of Service”) sets forth our terms and conditions for your use of the haku website and the Service as a visitor to the Service (each, a “Visitor”, and as applicable, “you” or “your”) or a Participant. Please carefully read this Terms of Service prior to your use of any part of the Service. Please also carefully read our Privacy Policy by visiting www.hakusports.com/legal, which describes how we process Personal Data (as defined in the Privacy Policy).

1. ACCEPTANCE OF TERMS.

1.1 Overview.

This Terms of Service governs your use of (a) the haku website, platform, and mobile application (collectively, the “Platform”) and/or (b) any and all services available on or through the Platform or otherwise provided by haku including, without limitation, data feeds, analytic tools, and e-mail and text messaging services (collectively with the Platform, the “Service”). The Service, and any data of any kind collected through the Service, except for Personal Data, are owned by haku.

BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AND ALL OTHER OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE PLATFORM BY HAKU, INCLUDING OUR PRIVACY POLICY, WITHOUT MODIFICATION. IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS TERMS OF SERVICE. IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF ANOTHER INDIVIDUAL, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT PERSON. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES, OR PROCEDURES, INCLUDING OUR PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE. THIS TERMS OF SERVICE MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN ADDENDUM TO THIS TERMS OF SERVICE, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF HAKU, OR (II) BY HAKU AS PROVIDED IN SECTION 1.2 BELOW.

1.2 Modification.

haku reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Terms of Service at any time. It is your responsibility to check this Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to this Terms of Service constitutes acceptance of those changes. If any change to this Terms of Service is not acceptable to you, your sole remedy is to cease accessing and using the Service.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Platform into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control.

2. DESCRIPTION OF HAKU.

haku provides a simple and quick means for Participants to register for Organizer events and purchase related merchandise and make donations related to such events. Participants may pay for such events and merchandise and make such donations online through the Service.

3. PRIVACY.

All information provided by you or otherwise collected by haku in connection with the Service is governed by haku's Privacy Policy, located at www.hakusports.com/legal, which is hereby incorporated by reference into this Terms of Service. haku strongly recommends that you review the Privacy Policy closely and fully understand the Privacy Policy before providing any Personal Data through the Service. We do not process any Personal Data of a Participant, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. You should take care to protect your Personal Data, private information, and information that is important to you. While we take reasonable steps to protect the Personal Data and other information provided through the Service, haku shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use, except as provided by applicable law. haku does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Participants, Visitors, or otherwise) of the Service.

4. YOUR USE OF THE SERVICE.

4.1 Granting the Right to Use.

haku hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for the purposes of browsing the Platform, and searching for, viewing, registering for, and interacting with, an event that is listed through Service, in each case (i) in compliance with this Terms of Service, and (ii) to the extent permitted under all applicable laws and regulations.

4.2 Restrictions.

Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Service or the Platform Content (as defined below); (ii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service; (iii) intentionally bypass, breach, disable or defeat any security feature or protection used in, or in connection with, the Service; (iv) rent, lease, lend, resell, sublicense, assign, distribute, publish, transfer, or use the Service for timesharing, service bureau, or commercial purposes; (v) remove or alter any proprietary or legal markings, legends, notices, restrictions, or labels on or in the Service or the Platform Content; (vi) at any time, use, develop, distribute, or aid others in developing any software or service which is substantially functionally similar to any part of the Service, and/or which infringes any intellectual property rights of haku; (vii) engage in any activity that interferes with or disrupts the Service or the use of the Service by others; (viii) export or re-export the Platform (a) into any country prohibited by the United States Export Administration Act and related regulations; (b) into any U.S.-embargoed country; or (c) to any person or entity on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List; (ix) share access to the Service with an unauthorized person or entity; (x) use any part of the Service for any third party or allow any third party to use any part of the Service; (xi) use the Service for any purposes prohibited by United States or other national or international law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons or any other similar use, including but not limited to aviation navigation or communication systems, life support systems and equipment; or in special risk areas that require error-free, permanent supervision or operation of relevant systems and in which the failure of the software may result in a direct risk for life, body, health or in substantial damages to property or the environment; (xii) attempt to gain unauthorized access to any part of the Service, account, computer system or network associated with the Service, haku or any other customer or supplier of haku; (xiii) use any part of the Service to infringe or violate the rights of any other party or contribute to or encourage infringing or otherwise unlawful conduct; (xiv) use the Service to violate any applicable law.

5. PAYMENT

5.1 Independent Relationship.

All payments by Participants are made through third-party processors. With respect to such payments, Participants are bound by the applicable terms of use governing the third-party payment processor.

5.2 Refund Policy.

haku will not be responsible to you for a refund, in whole or part, for any reason, for any fees whatsoever, including event registration fees. It is the responsibility of the applicable Organizer to communicate its refund policy to Participants and to issue refunds to Participants via the Service or otherwise. If a Participant desires to request a refund, the Participant must request a refund directly to and from the Organizer. All communications or disputes regarding refunds are between the Organizer and Participant, and haku shall not be responsible or liable for refunds, errors in issuing refunds, or lack of refunds in connection with the Service. If you are a Participant and you wish to request a refund in connection with an event listed through the Service, you should contact the applicable Organizer directly.

6. YOUR REGISTRATION OBLIGATIONS.

To be a registered user of the Service as a Participant, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Platform registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or haku has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, haku has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Service (or any portion thereof). haku is concerned about the safety and privacy of all its users, particularly children. You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.

7. ACCOUNT, PASSWORD AND SECURITY.

As part of the Platform registration process, you have the option of either signing up using your Facebook account or by creating a personal username, password, and account. You are responsible for maintaining the confidentiality of your username, password, and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (i) immediately notify haku of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. haku cannot and will not be liable for any loss, damage, or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that haku shall be the sole arbiter of such dispute in its sole discretion and that haku's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

8. INTELLECTUAL PROPERTY.

8.1 haku Trademarks.

The trademarks, service marks, and logos of haku (“haku Trademarks”) used and displayed in connection with the Service are registered and unregistered trademarks or service marks of haku. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (“Third Party Trademarks”, and, collectively with haku Trademarks, the “Trademarks”). The offering of the Service shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of haku specific for each such use. The Trademarks may not be used to disparage haku, any third party or haku’s or third party's products or services, or in any manner (in haku’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless haku approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any haku Trademark shall inure to haku's benefit. haku reserves all rights not expressly granted to you pursuant to this Terms of Service.

8.2 haku Copyrights.

All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, and applications, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly) (“haku Copyrights”), are the property of haku or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that haku Copyrights presented to you through the Platform or by any third party advertisers are protected by all relevant proprietary rights and laws. Except as expressly authorized by haku or such third party advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform and/or the Service, in whole or in part. haku reserves all rights not expressly granted to you pursuant to this Terms of Service.

9. CONTENT.

9.1 Platform Content.

You agree that all material, excluding Personal Data, but otherwise including, without limitation, information, data, text, design elements, graphics, images, audio, video, and other content (“Content”), contained in or delivered via the Service or otherwise made available by haku in connection with the Service (“Platform Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. haku may own the Platform Content, or portions of the Platform Content may be made available to haku through arrangements with third parties. Except as expressly authorized by haku in writing or in connection with your use of the intended functionality of the Service, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any Platform Content, or post any Platform Content on any other web site or in a networked computer environment for any purpose. You shall use the Platform Content only for purposes that are permitted by this Terms of Service, your agreement with haku, and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted in this Terms of Service are reserved.

9.2 Your Content.

You acknowledge and agree that if you contribute, provide, or make available any Content to the Platform (“Your Content”), you hereby grant to haku a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display, and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, provided that with respect to your Personal Data, such right and license is subject to our Privacy Policy and applicable law. Please refer to our Privacy Policy for how we use and otherwise process Personal Data. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing license, and that Your Content (i) does not infringe, violate, misappropriate, or otherwise conflict with the rights, including intellectual property rights, of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful.  haku reserves the right to remove any of Your Content from the Platform at any time if haku believes in its sole discretion that it does not comply with this Terms of Service. In addition, you agree that haku may use your company name and logo (whether or not you have made it available through the Platform) for the purpose of identifying you as an existing or past customer of haku both on the Platform and in marketing and promotional materials.

9.3 DMCA.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:

haku App Corporation, Inc.
Attn: Designated DMCA Agent
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DMCAAgent@hakusports.com

haku has adopted and currently implements a policy of terminating, in appropriate circumstances, the accounts of users who are deemed repeat infringers or who are repeatedly charged with infringement.

10. CONDUCT.

10.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Organizers and other users of the Service. You agree not to use the Service to:

• upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• upload, post, e-mail, transmit, or otherwise make available any Content that is false, inaccurate, incomplete, untimely, or misleading;
• target or harm minors in any way;
• facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize other than raffles, contests, or sweepstakes conducted in a manner that complies with the law;
• impersonate any person or entity, including, but not limited to, a haku representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity;
• upload, post, e-mail, transmit, or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of registrations to events listed on the Platform and other goods and services being sold or provided in conjunction with such events;
• upload, post, e-mail, transmit, or otherwise make available any Content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Service in a manner not permitted by this Terms of Service or expressly authorized by haku;
• interfere with or disrupt the Service or servers or networks connected to the Service, interfere with the use of Service by others, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable law or regulation;
• use an inappropriate member name of any kind;
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• stalk or otherwise harass any person or entity; or
• collect or store Personal Data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

10.2 Certain Remedial Rights.

You acknowledge that haku does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that haku and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Service at any time (with or without notice) for any reason or no reason.

You acknowledge and agree that haku may preserve your Content and may also disclose your Content for any reason, including, without limitation, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Service; (iii) respond to claims that any of your Content violates the rights of third parties; and/or (iv) protect the rights, property, or personal safety of haku, its users, and/or the public, provided that Personal Data is subject to our Privacy Policy and applicable law.

You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

11. LINKS

As a convenience to our users, the Service may provide, or third parties may provide, links to third-party websites or resources. The linked websites are not under our control, and we make no representations as to the quality, suitability, functionality, or legality of any such websites or resources. You acknowledge and agree that haku is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for the terms and conditions of use, privacy policy, practices, and any Content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that haku shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on such terms and conditions of use, privacy policy, practices, and any Content, advertising, products, services, or other materials available on or through any such site or resource. You hereby waive any claim you might have against haku with respect to such websites or resources. We encourage you to be aware of when you leave our Platform and to read the terms and conditions of use and privacy policy of each website you visit. If you have a question about the terms and conditions of use, privacy policy, practices, or content of a third party website, please contact the applicable third party directly.

You may link to the Platform’s homepage, provided you do so in a way that is fair, legal, consistent with this Terms of Service and does not damage our reputation or take advantage of the Service, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. The Platform may not be framed on any other website, nor may you create a link to any part of the Platform other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

12. MESSAGES AND ALERTS FROM HAKU.

12.1 Promotional Messages

haku and/or third parties may occasionally, consistent with our Privacy Policy, send e-mails and/or SMS text messages to you containing advertisements and promotions. You agree, according to our Privacy Policy, to receive such promotional messages, as well as certain periodic communications, from haku, including, but not limited to, newsletters, content, updates, and announcements, and that these communications are considered part of the Service.

BY USING THE SERVICE, YOU HEREBY GIVE HAKU, AND ITS SERVICE PROVIDERS, EXPRESS CONSENT TO CONTACT YOU ON YOUR TELEPHONE, INCLUDING, BUT NOT LIMITED TO, LEAVING YOU VOICE MESSAGES AND SENDING YOU TEXT MESSAGES, AND TO SEND YOU E-MAILS, WITH INFORMATION AND OFFERS RELATED TO THE SERVICE AND/OR YOUR USE OF THE SERVICE, INCLUDING ADVERTISING AND PROMOTIONAL INFORMATION. BY USING THE SERVICE, YOU ARE ALSO EXPRESSLY AGREEING TO RECEIVE FUTURE CALLS, TEXT MESSAGES, VOICE MAILS, AND E-MAILS THAT DELIVER ADVERTISING AND TELEMARKETING MESSAGES THAT ARE GENERATED THROUGH AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTO-DIALER, AND ARE CONSENTING TO RECEIVING MESSAGES THAT COME VIA AN ARTIFICIAL OR PRE-RECORDED VOICE MESSAGE OR THAT COME IN THE FORM OF A MASS TEXT MESSAGE MAILER. THE TERMS OF THIS PROVISION ARE NOT A CONDITION OF YOUR USE OF THE SERVICE OR REGISTRATION FOR THE SERVICE. THIS PERMISSION CONSTITUTES PRIOR EXPRESS WRITTEN CONSENT UNDER THE TELEPHONE CONSUMER PROTECTION ACT. THIS CONSENT APPLIES EVEN IF YOU ARE CHARGED FOR THE CALL UNDER YOUR PHONE PLAN. YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY BE BILLED TO YOU BY YOUR COMMUNICATIONS CARRIERS WHEN WE CONTACT YOU.

haku makes no representation or warranty with respect to the content of any such communications or any goods or services which may be obtained from third parties, and you agree that neither haku nor such third party shall have any liability with respect to the content of any such communications or any goods or services which may be obtained from such third parties. If you want to opt-out of receiving e-mails and other future contact from such third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties. You can opt-out of receiving communications from us by following the unsubscribe instructions included in our communications, changing your notification settings within the Service, or contactingDPO@hakusports.com with your opt-out request.

12.2 Event Alerts

haku uses SMS text message notifications to provide Participants with alerts related to a particular event (“Event Alerts”). For instance, after subscribing to Event Alerts for a particular event, a Participant, or friend or family member of the Participant, can track the Participant’s progress throughout the event through periodic alerts and receive pertinent announcements, such as changes in the event schedule. The number and frequency of Event Alerts received is dependent on the category of Event Alerts and type of event the Participant subscribes for. For instance, a subscriber may receive a greater number of alerts for a marathon race as compared to a 5k race due to the difference in length of the two types of races.

All terms and conditions of Event Alerts are set forth in this Terms of Service and our Privacy Policy. haku provides links to both of these documents when subscribing to Event Alerts. While haku does not charge any form of premium rate or subscription fee to subscribe to and receive Event Alerts, message and data rates of your carrier may apply. For help related to Event Alerts, please email support@hakusports.com. You may opt out of receiving any Event Alerts at any time by replying “STOP” to any Event Alert.

The following terms, including STOP and HELP instructions, are included in every message sent through Event Alerts:

For help email support@hakusports.com. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel.

13. INDEMNITY.

You agree to indemnify, defend, and hold haku, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: (i) your use of, contribution to, or connection with the Service; (ii) your breach of any representation and warranty made to haku; (iii) your Content; and/or (iv) your violation of this Terms of Service. haku shall provide notice to you of any such Claim, provided that the failure or delay by haku in providing such notice shall not limit your obligations hereunder. haku reserves the right to assume the exclusive defense and control of any matter, at your sole cost and expense, which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting haku's defense of such matter.

14. SERVICE MODIFICATIONS/SUSPENSIONS.

Your use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that we may take in our sole discretion and from time to time. haku reserves the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason or no reason with or without notice. haku will not be responsible to you for a refund, in whole or part, of applicable transaction fees for any reason.  You agree that haku shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

15. TERMINATION.

haku, in its sole discretion, may terminate your password, accounts (or any part thereof), and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due haku, or if haku believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that haku may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that haku shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service.

16. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE AND YOUR USE OR INABILITY TO USE THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE DISCLAIMER OF WARRANTIES SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAKU HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HAKU MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. HAKU WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (IV) ABOVE. HAKU IS NOT RESPONSIBLE FOR AND MAKES NOT REPRESENTATION OR WARRANTY WITH RESPECT TO VETTING, USE OR LOSS OF ANY OF YOUR CONTENT BEFORE, DURING OR AFTER AN EVENT. HAKU IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO VETTING OR LOSS OF ANY OF YOUR PERSONAL DATA BEFORE, DURING OR AFTER AN EVENT. YOU ARE SOLELY RESPONSIBLE FOR BACKING-UP AND STORING YOUR PERSONAL DATA. YOU ACKNOWLEDGE THAT HAKU HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF EVENTS, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING ORGANIZERS, PARTICIPANTS, AND VISITORS) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING ORGANIZERS AND PARTICIPANTS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. HAKU HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Organizers, Participants, Visitors, and/or third parties in connection with the Platform or any Service to haku. haku, in its sole discretion, may investigate the claim and take necessary action.

17. LIMITATION OF LIABILITY.

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THIS TERMS OF SERVICE, YOUR USE OR INABILITY TO USE THE SERVICE, OR THE SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED HAKU TO ENTER INTO THIS TERMS OF SERVICE WITH YOU. THE LIMITATION OF LIABILITY SET FORTH IN THIS TERMS OF SERVICE FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAKU AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

HAKU SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HAKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICE, (III) AMOUNTS IN EXCESS OF US $100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS TERMS OF SERVICE, OR (IV) ANY MATTERS BEYOND HAKU'S REASONABLE CONTROL. HAKU SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. DISPUTE RESOLUTION.

18.1 Arbitration.

Any controversy, claim, or dispute arising, directly or indirectly, out of this Terms of Service or your use of the Service, including, without limitation, the applicability or scope of these terms to arbitrate, shall be determined by final, binding arbitration (“Arbitration”). The Arbitration shall be administered in English by JAMS pursuant to JAMS’ International Arbitration Rules for three (3) arbitrators (“Rules”). If the parties are unable to mutually agree on an arbitrator within fifteen (15) days of the notice of arbitration, the arbitrator shall be appointed by JAMS in accordance with the Rules. The venue for the Arbitration will be in Miami-Dade County, Florida. The parties shall maintain the confidential nature of the Arbitration proceedings, hearing and award, except as is necessary (i) to prepare for the Arbitration proceedings and hearing; (ii) to compel Arbitration; (ii) to enforce an Arbitration award; or (iii) for an injunctive relief action.

Any Arbitration award or decision will be final and binding on the parties, and judgment upon any such award may be entered in any court having competent jurisdiction to enforce such an award. Except as otherwise specifically set forth in this Agreement, no action at law or in equity based upon any claim relating, directly or indirectly, to this Terms of Service may be instituted in any court by any party, except: (i) an action to compel Arbitration pursuant to this section; (ii) an action to enforce an award obtained in an Arbitration proceeding in accordance with this section; or (iii) an action for injunctive relief. Any Arbitration relating, directly or indirectly, to this Terms of Service must occur on an individual basis, and class arbitrations and class actions are hereby specifically agreed to as not permitted.

18.2 Governing Law; Venue; Jurisdiction.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or proceeding to enforce Arbitration or an Arbitration ruling or for an action for injunctive relief, haku, Participant, and Visitor each expressly consent to the (i) venue of Miami-Dade County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Miami-Dade County, Florida, USA.

18.3 Waiver of Jury Trial

HAKU, PARTICIPANT, AND VISITOR EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF SERVICE OR YOUR USE OF THE SERVICE. HAKU, PARTICIPANT, AND VISITOR EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) ACKNOWLEDGE THAT IT HAS BEEN INDUCED TO ENTER INTO THE TERMS OF SERVICE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.

18.4 Injunctive Relief.

Notwithstanding the Arbitration obligation set forth above, haku, Participants, and Visitors each will have the right, in addition to its other rights and remedies, to seek and obtain injunctive relief in court for any violation of this Terms of Service or your use of the Service, and each party hereby expressly waives any objection, in any such equitable action, that the other party may have an adequate remedy at law.

18.5 Prevailing Party Attorneys’ Fees.

In the event of any Arbitration, legal proceeding, or action for injunctive relief arising out of or relating to this Terms of Service or your use of the Service, the prevailing party in such Arbitration, legal proceeding, or action for injunctive relief shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such Arbitration, legal proceeding, or action for injunctive relief, as well as at all levels of trial and appeal.

18.6 Cumulative Remedies.

The rights and remedies set forth in this Terms of Service are cumulative and concurrent and may be pursued separately, successively or together.

19. INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations restricting or otherwise pertaining to the use, transmission, display, exporting, or importing of data, products, services, and/or technical information. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of the Service to any person, geographic area, or jurisdiction.

In addition, the Service are subject to United States export controls. No part of the Service may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Service. By using the Service or any part thereof, you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Service may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Service or any part thereof, you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

20. GENERAL.

20.1 Entire Agreement.

This Terms of Service constitutes the entire agreement between you and haku and governs your use of the Service as a Participant or Visitor, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and haku on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, or third party software or the Service in a manner other than as governed by this Terms of Service.

20.2 Waiver; Invalid Provisions.

The failure or delay of haku to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms of Service shall remain in full force and effect.

20.3 Notice.

The failure or delay of haku to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms of Service shall remain in full force and effect.

20.4 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Terms of Service must be filed within two (2) years after such claim or cause of action arose or be forever barred.

20.5 Violations.

Please report any violations of this Terms of Service by e-mail to info@hakusports.com.

20.6 Public Disclosure Restrictions.

haku includes the names and logos of haku’s customers on the haku website and in marketing materials provided to prospective customers. You hereby grant haku a limited, non-exclusive, perpetual, irrevocable, royalty-free and fully paid-up right and license to include your name and logo on the haku website an in such marketing materials.

20.7 Force Majeure.

Except for obligations of payment, if either party is prevented from performing any of its obligations under this Terms of Service by circumstances beyond its reasonable control, including, without limitation, as a result of labor disputes, fires, earthquakes, explosions, floods, acts of God, war or other hostilities, civil commotion, breakdown of machinery not owned by a party, domestic or foreign governmental acts, orders or regulations and inability or difficulty in obtaining supplies, then the party so affected shall be excused from its performance under this Terms of Service so long as such condition exists.

20.8 Independent Contractor

The relationship of the parties to one another is, and shall at all times remain, solely that of independent contractors. Nothing in this Terms of Service, or any course of performance hereunder, shall create any joint venture, partnership, or franchise or to constitute a party as principal, agent, master, servant, employer, employee, or fiduciary of the other party. No party nor any of its agents, shall have any express or implied power or authority of any kind to act on behalf of the other party, or to bind the other party or to incur any form of liability or obligation on behalf of the other party.

20.9 Binding Effect.

Except as expressly provided in this Terms of Service, nothing in this Terms of Service will confer any rights or remedies under or by reason of this Terms of Service on any person or entity other than the parties and their respective successors and permitted assigns.

20.10 No Assignment.

You shall not assign this Terms of Service, or any right or obligation pursuant to this Terms of Service, without the prior written consent of haku.

20.11 Severability.

The determination by any court of competent jurisdiction that any provision of this Terms of Service is not enforceable in accordance with its terms shall not affect the validity or enforceability of the remaining provisions of this Terms of Service.

20.12 Your Agreement to Be Bound and Survival.

Your agreement to be bound by these Terms of Service commence with your accessing or using the Service or otherwise submitting information to beycome through the Service, and your agreement to be so bound will continue until your right to access and use the Service is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: Sections 3, 4.2, 5, 7 through 10, 13, and 15 through 20 of these Terms of Service, our Privacy Policy, and any other obligation you have to haku. If, following the cancellation or termination of your right to access and use the Service, you access or use the Service or otherwise submit information through the Service, then you again, automatically and immediately, are bound by these Terms of Service.

20.13 Counterparts and Electronic Versions.

These Terms of Service may be accepted in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. These Terms of Service may be executed in electronic format and/or with digital signatures, each party reserves the right to only maintain an executed copy of these Terms of Service in electronic form, and each party hereby agrees that a print-out of such electronic form of these Terms of Service will be deemed an original for all purposes relating to the enforceability of these Terms of Service.

Privacy & Data Collection Policies

Last Revised: August 21, 2023

PRIVACY POLICY:

This Privacy Policy sets forth haku App Corporation, Inc.’s (“haku”, “we”, “us”, or “our”) policy with respect to information, including personally identifiable information and any other information relating to an identified or identifiable natural person, of Organizers, Participants and Visitors (each also referred to as “you” or “your”) provided through the Service (collectively, the “Personal Data”).

Haku complies with the EU-U.S. Data Privacy Framework (DPF) as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States in reliance on the Data Privacy Framework. Haku has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework (DPF) with respect to such information. If there is any conflict between the terms in this privacy policy and the EU-U.S. Data Privacy Framework (DPF), the EU-U.S. Data Privacy Framework (DPF) shall govern. Haku is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). To learn more about the EU-U.S. Data Privacy Framework (DPF), and to view our certification, please visit https://www.dataprivacyframework.gov/s/

By using the Service in any way, you are agreeing to this Privacy Policy which, among other things, addresses how we collect, use, process, disclose, and store your Personal Data and other information. Your access to and use of the Service is also subject to our Terms of Service which can be found at www.hakusports.com/legal. Any capitalized terms used, but not defined in this Privacy Policy will have the meaning ascribed to such terms in the Terms of Service. By providing Personal Data, and any other information, through the Service, you represent that you have the authority to provide such Personal Data and/or such other information.

We take the privacy of your Personal Data and other information seriously. We have created this Privacy Policy to explain (1) what information we gather from you when you use the Service, (2) how we may use such information, (3) how we may disclose such information, (4) your choices regarding our use and disclosure of such information, (5) the security measures we take to protect such information, and (6) how you can contact us about our privacy practices. Please read this Privacy Policy carefully, as it includes important information regarding your Personal Data and other information.

If you have any questions or concerns regarding this Privacy Policy or our practices, please do not hesitate to contact us at DPO@hakusports.com.

OUR ROLES WITH REGARD TO PERSONAL DATA:

1. Organizers (haku as data controller):

For Organizers, haku determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, as described in this Privacy Policy.

2. Participants (haku as data processor):

For Participants, the applicable Organizer determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, while haku processes that Personal Data on behalf of that Organizer. We do not processes any Personal Data of a Participant, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. Each Organizer is responsible for making sure that the privacy rights of its Participants are respected. It is important that you carefully review and fully understand the privacy policy and terms and conditions of the applicable Organizer before providing Personal Data to that Organizer for processing by haku.

3. Visitors (haku as data controller):

For Visitors, haku determines what Personal Data to collect from you and how that Personal Data is used and/or disclosed, as described in this Privacy Policy.

INFORMATION WE COLLECT AND/OR PROCESS:

When you interact with us through the Service, we may collect Personal Data and other information from you, as further described below:

1. Information You Provide to Us:

Organizers:  We collect Personal Data from you when you use the Service, such as when you register for or engage haku to provide the Service as an Organizer, contact us with inquiries, respond to one of our surveys, or use a certain Service which requests Personal Data. The Personal Data we collect may include, without limitation, your name, address, e-mail address, and other Personal Data you provide to us as necessary to provide you with the Service. In addition, if you use the Service to obtain Payments directly from Participants, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate Payments and comply with tax requirements (e.g., processing your taxpayer identification number).

Participants:  We do not decide what Personal Data is requested from you or how that Personal Data is collected. Organizers use the Service to request and collect Personal Data from you at their discretion, which Personal Data will be processed by haku in accordance with the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. All of your Personal Data is collected by Organizers as further described in the section below “Information Participants Provide to Organizers through the Service or Otherwise.”

Visitors:  If you visit or use our Platform, we collect Personal Data only if and when you provide such Personal Data to us through online forms and surveys or when you contact us through the Platform. The Personal Data we collect may include, without limitation, your name, address, e-mail address, and other Personal Data you voluntarily provide to us as necessary to fulfil any request you make to haku.

2. Information Participants Provide to Organizers through the Service or Otherwise:

Through the Service:  By using the Service, Organizers can set up event registration pages to request and collect information, including Personal Data, of their choosing from Participants in connection with registration for, purchasing tickets to, and/or donating to an Organizer's event listed through the Service, as well as purchasing products offered by an Organizer through the Service and registering for Event Alerts. If a Participant provides information, including Personal Data, in this manner, we process such information through the Service and provide such information to the Organizer of the applicable event. Organizers determine what information to collect from you in accordance with each Organizer’s privacy policy and terms and conditions. If you register for a paid event, donate to any event, purchase tickets to any event, or purchase products offered by Organizers in connection with any event, the applicable Organizer will collect financial information from you (e.g., your credit card number and expiration date, billing address, etc.). The applicable Organizer determines the payment methods that it enables you to use and the financial information it collects from you in accordance with its privacy policy and terms and conditions.

Otherwise:  Organizers may also collect your Personal Data by means other than through the Service, such as through request forms or e-mails Organizers send to you through their own platforms or systems. Organizers may also store historical runner information, such as race participant names and race finish times from previous years, according to each Organizer’s privacy policy and terms and conditions. Such Organizers, at their discretion, may provide us with this Personal Data to provide certain functionality of our Service to their Participants.

3. Information We Automatically Collect from Your Use of the Service:

Information on Your Use of the Service:  In order to provide functionality to and improve our Service for you, when you interact with the Service, we automatically collect certain information on your use of the Service. The information we collect includes, without limitation, internet protocol (IP) addresses, internet browser type, other characteristics of your device and software, domain names of your internet service provider, your approximate geographic location, a record of your usage of the Service, and the time of your usage.

Cookies, Pixels Tags, Local Shared Objects, Web Storage and Similar Technologies:

Our Cookie Policy

This Cookie Policy explains how we use cookies and other similar technologies to help us ensure that the Service function properly, prevent fraud and other harm, and analyze and improve the Service in accordance with our Privacy Policy. If you have any questions or concerns regarding our Cookie Policy, please do not hesitate to contact us at DPO@hakusports.com.

What are cookies, pixel tags (aka clear GIFs or web beacons), local shared objects and web storage?

• Cookies:  A cookie is a piece of information that is placed on your web browser when you access and/or use the Service that stores text and which can later be read back by the Service or third parties. They are used to recognize your browser.
• Pixel Tags (aka Clear GIFs or Web Beacons):  A pixel tag is a tiny invisible tag or graphic placed on certain parts of the Service, in e-mails or in certain other downloadable content, but not on your computer, mobile device or browser.
• Local Shared Objects (aka Flash Cookies):  A local shared object is similar to a cookie, except it is stored on your computer or mobile device, instead of your browser, and it can store more than just text. The methods for controlling local shared objects are different than the methods for controlling cookies (as discussed below).
• Web Storage (aka HTML5 Local Storage):  Web storage methods are similar to cookies but can store more information than cookies and usually store that information on a persistent basis.

How can I manage these technologies?

• Cookies:  Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are affirmatively deleted). You can manage cookies through your web browser's option settings and through those settings you may be able (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies, or (iii) to delete cookies. Please refer to your web browser's help section for information on how to do this.
• Pixel Tags:  Pixel tags do not store information on your computer, mobile device or browser (although they are occasionally downloaded to your computer if contained in an e-mail or other downloadable content) so cannot be managed by you.
• Local Shared Objects:  Local shared objects are stored on your computer or mobile device. To learn how to manage privacy and storage settings for local shared objects visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
• Web Storage:  Web Storage, or HTML5 Local Storage, is an industry-standard data storage technology that is implemented by browser manufacturers. Refer to your browser's help contents for procedures on how to manage settings for Web Storage.

What do you use these technologies for?

• Essential (strictly necessary):  We use these technologies in a way that is essential for the operation of our Service. For example, we may use cookies to determine where to route your traffic to effectively distribute the workload across numerous computers.
• Performance/Analytics:  We use these technologies to analyze how you use our Service and to monitor our Service. For example, we may place cookies that allow us (1) to measure the time of your requests to our servers and our responses, (2) to A/B test new features, (3) to record statistics about site usage, and (4) to track your activities on the Service.
• Functionality:  We use these technologies to allow us to provide certain functionality on the Service and to remember your preferences. For instance, when you click the “remember me” box on our log in page we place a persistent cookie on your browser that allows our Service to pre-populate your e-mail address when you return. Other examples include remembering your preferences (such as language and location preferences), preventing web application vulnerabilities, allowing for Facebook Connect and other third party integrations, and in connection with providing search results.

Does anybody else use these technologies on the Service?

Most of the cookies and other technologies described above on our Service are set by us or are used in connection with the Service and set by third party service providers at our direction (“Third Party Cookies”). We may use Third Party Cookies with respect to each of the uses set forth above. For example, we use technologies from Google Analytics to measure performance/analytics and technologies from Facebook to provide Facebook Connect functionality. Occasionally, Organizers may use these technologies on their event pages for their own purposes in accordance with each Organizer’s privacy policy and terms and conditions.

4. Non-Personal Data:

We collect and create de-identified and aggregated information and other non-Personal Data, which does not identify an individual personally (“Non-Personal Data”). You agree that haku owns without restriction all Non-Personal Data.

USE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Organizers:  We use the Personal Data we collect from you only where necessary for the performance of our agreement with you, where necessary for compliance with a legal obligation we are subject to, where necessary to pursue our legitimate business interests, or where you have given consent where required under applicable law. We may use the Personal Data as follows:

• Specific Reason:  If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the e-mail address from which the contact came.
• Access and Use:  If you provide Personal Data in order to obtain access to or use of the Service or any other functionality, we will use your Personal Data to provide you with access to or use of the Service or any other functionality and to monitor your use of such Service or other functionality. For instance, if you supply payment information (e.g., bank account or credit card information) to the Service for the purpose of processing Payments as an Organizer, we will use that information to facilitate such purchases and/or process such Payments.
• Internal Business Purposes:  We may use your Personal Data for legitimate internal business purposes, including, without limitation, to help us improve the content and functionality of the Service, to better understand our users, to improve the Service, to protect against, identify, or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Service and our business.
• Marketing:  We may use your Personal Data to contact you in the future for our marketing and advertising purposes, including, without limitation, to inform you about services or events we believe might be of interest to you and to develop promotional or marketing materials and provide those materials to you. We use your Personal Data in this way given our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you. Where an activity under this section may fall outside of our legitimate interests, we will obtain your consent prior to using your Personal Data in this way. Where haku contacts you by phone, text message, or voicemail using an automatic telephone dialing system, auto-dialer, or mass text message mailer, we will always obtain your express written consent prior to sending the communication. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications, changing your notification settings within the Service, or contacting DPO@hakusports.com with your opt-out request.

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of, and asked to consent to, such anticipated use prior to or at the time at which the Personal Data is collected, or we will obtain your consent subsequent to such collection but prior to such use.

Participants:   The applicable Organizer determines what Personal Data is collected, for what purpose that Personal Data is collected and used, and in what manner that Personal Data is used. We do not use or otherwise process any Personal Data or other information collected from Participants, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer. Organizers may use the Service to contact Participants regarding Organizers’ current and past events according to their privacy policies and terms and conditions, so you may receive e-mails from our system that originate with such Organizers. We do not send e-mails from our system to Participants, except per the terms of haku’s agreement with the applicable Organizer or other lawful instructions from that Organizer.

Visitors:  We only use your Personal Data for the specific reason initiated by you. For instance, if you contact us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the e-mail address from which the contact came. We do not store your Personal Data for any other reason and promptly delete your Personal Data once the specific reason for the use has been extinguished.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may use such information for any lawful purpose.

DISCLOSURE OF INFORMATION COLLECTED AND/OR PROCESSED:

1. Personal Data:

Whether you are an Organizer, a Participant, or a Visitor, we are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. We do not sell your Personal Data to third parties, including third party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain trusted third parties without further notice to you, based on the legitimate interests set forth below:

Business Transfers:  As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of haku (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy. In the event the privacy policy of any successor to or acquirer of haku will instead apply to your Personal Data and other information, we will notify you before your Personal Data and other information is transferred and becomes subject to a different privacy policy.

Subsidiaries and Affiliates:  We may also share your Personal Data with our subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

Agents, Consultants and Related Third Parties:  We, like many businesses, sometimes engage third parties to perform certain business-related functions for us. Examples of such functions include mailing information, registration fulfillment, fraud prevention, maintaining databases, and processing Payments. When we engage a third party to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

Facebook and Other Third Party Connections:  You can sign up with haku using your Facebook account or connect your haku account to your Facebook account and other accounts on similar third party services, in which case we may disclose or transfer information relating to your haku account, including Personal Data, with such third party services solely to ensure the functionality of such connection and comply with your request to make such connection in accordance with this Privacy Policy. For example, if you connect with Facebook and wish to share a race finish time with your Facebook friends, we will provide Facebook with your race finish time. We never request and/or collect your Personal Data from any of these third party connections.

Legal Requirements:  We may disclose your Personal Data if required to do so by law (including, without limitation responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of third parties, (iii) to prevent, investigate, or identify possible wrongdoing in connection with the Service, (iv) to act in urgent circumstances to protect the personal safety of users of the Service or the public, or (v) to protect against legal liability.

2. Non-Personal Data:

Because Non-Personal Data cannot be used to personally identify you, we may share such information for any lawful purpose.

Use of Sub-processors

To support in delivering its service, haku engages Service Providers to assist with its data processing activities on behalf of Organizers as defined in our Terms of Service. Certain service providers are sub-processors who have or potentially will have access to or process personal data that haku processes for, and on behalf of Organizers. Before engaging any service provider, haku performs a due diligence, including a vendor assessment which evaluates the security, privacy and confidentiality practices of proposed sub-processors that will or may have access to or otherwise process Service Data. In the context of an onward transfer, haku has responsibility for the processing of personal information it receives under the EU-U.S. DPF Principles, and subsequently transfers to a third party acting as an agent on its behalf. Haku shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless haku proves that it is not responsible for the event giving rise to the damage.

List of Sub-processors:

NAME	DATA	PURPOSE OF PROCESSING	COUNTRY
Amazon Web services	Cloud hosting	Cloud Service Provider	United States
Google Cloud	Cloud hosting, localization	Localization, hosting of mobile apps	United States
Kickbox	Email addresses	Kickbox is an email verification services	United States
Protect Group	Name; phone, and e-mail details; information to support a refund application including identification documents, medical certification or details where appropriate; the name(s) of any people or family members accompanying you on your booking when making a refund application; details of your use of our Website including but not limited to metrics information about when and how you use the Website, traffic data and/or your geographical location data	Protect operates a refund administration platform	United Kingdom
Stripe	Payment Account Details, bank account details, billing/shipping address, name, date/time/amount of transaction, device ID, email address, IP address/location, order ID, payment card details, tax ID/status, unique customer identifier, identity information including government issued documents (e.g., national IDs, driver’s licenses and passports).	Credit Card Payment processing	United States
Twilio/Sendgrid	Twilio processes communications and communications metadata (including IP addresses and TO/FROM phone numbers).	SMS-SMTP relay / Cloud communications platform as a service	United States
Zendesk	The information included by the individual reaching out to haku and/or the Organizer, such as name, email address, phone number, and other information that may be included based on the nature of the communication	Customer service platform that supports customer interactions e.g. via phone, chat or email	United States

YOUR RIGHTS:

Whether an Organizer, a Participant, or a Visitor, you have certain rights under applicable law with respect to your Personal Data. Organizers and Visitors may affect these rights, where applicable, as further described below. If you are a Participant, please review the privacy policy and terms and conditions of the applicable Organizer to determine your rights with regard to the Personal Data we process on behalf of that Organizer and contact that Organizer directly to affect those rights.

For all requests made by Organizers or Visitors to haku under this section, please contact us directly at the address specified below under “Contact Details of the Data Protection Officer.” We will take reasonable steps to respond to requests relating to Personal Data within thirty (30) days, however, we may reject requests that we find to be unreasonable (i.e., require disproportionate efforts or material changes to our information systems), impractical or abusive (i.e., repetitive requests, requests made in bad faith, requests that would compromise third party information). Note that you may not have access to or the ability to update or delete Non-Personal Data, much of which is held in aggregated form.

Right to Correct Inaccurate Personal Data:  It is your responsibility and obligation to ensure the Personal Data you provide to us and/or that we otherwise process is complete and accurate. Organizers may correct and/or update their Personal Data being stored by us by logging in and visiting the My Account page. Organizers may also contact us directly with respect to Personal Data that is not able to be corrected and/or updated through the My Account page. As described in “Information We Process”, the Personal Data we collect from Visitors is limited to only Personal Data that Visitors provide to us as necessary to fulfil any requests made by Visitors to haku. Visitors can contact us directly with requests to correct and/or update their Personal Data.

Right to Access Your Personal Data:  Organizers may access their Personal Data we process by logging in and visiting the My Account page. Organizers may also request access to their Personal Data we process and other information regarding such Personal Data as granted by applicable law. As described in “Information We Process”, the Personal Data we collect from Visitors is limited to only Personal Data that Visitors provide to us as necessary to fulfil any requests made by Visitors to haku. Visitors may request access to their Personal Data we process and other information regarding such Personal Data as granted by applicable law.

Right to Erase Your Personal Data:  We may retain your Personal Data for as long as you continue to use the Service in order to provide functionality of the Service to you. You may close your account by contacting us, in which case we will delete all of your Personal Data and Non-Personal Data from our Service, except as restricted by applicable law.

You may also request that certain pieces of your Personal Data, or all of your Personal Data, be deleted from our Service upon a sufficient showing that:

• your Personal Data is no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent for our processing of your Personal Data where you had previously given us such consent to process your Personal Data;
• you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
• your Personal Data has been processed unlawfully; or
• your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we refrain from certain processing of your Personal Data upon a sufficient showing that:

• your Personal Data is no longer necessary for the purposes for which they were collected or otherwise processed;
• you withdraw consent for our processing of your Personal Data where you had previously given us such consent to process your Personal Data;
• you object to our processing and we do not have any legal basis for continuing to process your Personal Data;
• your Personal Data has been processed unlawfully; or
• your Personal Data has to be deleted to comply with applicable law.

Right to Restrict the Processing of Your Personal Data:  You may request that we refrain from certain processing of your Personal Data upon a sufficient showing that:

• you contest that your Personal Data is accurate (however we will begin processing such Personal Data again if and once we verify the accuracy such Personal Data);
• the processing of your Personal Data is unlawful but you do not want us to erase your Personal Data;
• we no longer need the Personal Data for the purposes of our processing, but you need the Personal Data for the establishment, exercise, or defense of legal claims; or
• you contest to our processing of your Personal Data because you believe that the legitimate interests for which we process your Personal Data are overridden by your privacy interests.

Where we restrict any processing of your Personal Data, we may still store that Personal Data but we will not further process such Personal Data, except with your consent or to comply with applicable law.

Right to Have Your Personal Data Transferred:  You may request that we transfer your Personal Data directly to another controller.

Right to Withdraw Consent and Object to Processing of Your Personal Data:  You may withdraw your consent to our processing of any Personal Data for which we have obtained your consent by notifying us of such withdrawal. Upon withdrawal of your consent, we will cease all processing of that Personal Data, including storage, except where restricted by applicable law. You may also object to our processing of your Personal Data where you disagree with the legitimate interests for which we process such Personal Data.

YOUR CHOICES:

If you are an Organizer or Visitor, you have several choices available when it comes to your Personal Data, as described below. If you are a Participant, please review the privacy policy and terms and conditions of the applicable Organizer, or contact that Organizer directly, to determine your choices with regard to the Personal Data we process on behalf of that Organizer.

Limit the Personal Data You Provide:   You can use the Service without providing any Personal Data or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Service. For instance, in order to open an account, or create events for registration, your name and e-mail address will be required.

Opt-Out:  You can opt-out of receiving communications from haku by following the unsubscribe instructions included in our communications, changing your notification settings within the Service, or contacting DPO@hakusports.com with your opt-out request. You may modify your choices at any time in your haku account. It may take up to 24 hours for us to process an unsubscribe request. Note that you cannot unsubscribe from update communications about the Service. You can stop receiving Service communications only by contacting us at info@hakusports.com and closing your account. By electing to stop receiving all communications from us or through our system you will no longer receive any updates on your account or on events you are registered to attend or have previously attended, including communications regarding refunds. We do not recommend that you do this unless you plan to no longer use the Service, are not currently registered for an event, are not currently organizing an event, and will have no need to receive further communications from us or through our system. Even after you opt-out of all communications, where allowed under applicable law, we will retain your Personal Data and Non-Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you.

Do Not Track:   We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

STORAGE AND SECURITY:

Subject to this Privacy Policy, and unless you otherwise provide us with specific instructions , we will only store your Personal Data for as long as is necessary to fulfill our Terms of Service with you and provide you with the Service, or as otherwise required by law. We are routinely updating and implementing technical, administrative and physical security measures to help protect your information, including Personal Data, against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, information access controls, controlled access to our facilities, and 24/7 monitoring of our systems databases. However, no Internet or e-mail transmission is ever fully secure or error free. You should take special care in deciding what information you send or otherwise make available to us. Please keep this in mind when disclosing any Personal Data via the Internet.

UNSOLICITED INFORMATION:

This Privacy Policy shall not apply to any unsolicited information you provide to us or another user or visitor through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as bulletin boards, any ideas for new products or modifications to existing products, claim or demand letters, Digital Millennium Copyright Act notices, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and we shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution. However, if any of your Personal Data is included in any Unsolicited Information we will only process that Personal Data in compliance with this Privacy Policy and applicable law.

CHILDREN UNDER THE AGE OF 18:

We do not knowingly collect Personal Data from children under the age of 18 without first obtaining parental or legal guardian consent. If you are under the age of 18, you may not submit any Personal Data through the Service unless and until consent is provided by your parent or legal guardian. We will take reasonable steps to verify such parental consent and may request additional information, including Personal Data, from such parent or legal guardian for this limited purpose. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Service without the permission of their parent or legal guardian. If you have reason to believe that a child under the age of 18 has provided Personal Data to us through the Service without the consent of their parent or legal guardian, please contact us at DPO@hakusports.com, and we will delete that information from our databases.

LINKS TO OTHER WEB SITES:

This Privacy Policy applies only to the Service. The Service may contain links to other websites not operated or controlled by us (“Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Service do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

INTERNATIONAL PRIVACY LAWS:

If you are visiting the haku website or using the Service from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. We will hold and process your Personal Data and Non-Personal Data in accordance with this Privacy Policy, the privacy laws of the United States, and as otherwise required by our Organizers. Please note that privacy laws in the United States may not be the same as, and in some cases may be less protective than, the privacy laws in your country.

CHANGES TO THIS PRIVACY POLICY:

The Service and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). In certain circumstances haku may, but need not, provide you with notice of such Modifications, such as via e-mail or with in-Service notifications. Modifications will be effective 30 days following the “Last Updated” date or such other date as communicated in any other notice to you. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Service following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.

CAN-SPAM ACT COMPLIANCE:

We are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). All e-mails you receive from haku or through the Service are intended to fully comply with the CAN-SPAM Act.

IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER:

Organizers and Visitors:   haku is the data controller for all Organizers and Visitors using the Service. haku can be contacted by writing to:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Participants:   The applicable Organizer is your data controller as a Participant. Please contact your Organizer directly or visit your Organizer’s privacy policy for more information on how to contact your data controller.

CONTACT DETAILS OF THE DATA PROTECTION OFFICER:

In order to oversee compliance with this Privacy Policy and ensure your Personal Data is handled properly under the latest privacy laws, we have appointed a Data Protection Officer (“DPO”). Our DPO can be reached by e-mailing DPO@hakusports.com or by writing to 1221 Brickell Ave, Suite 1700, Miami, FL 33131.

If haku is your data controller, requests for access to your Personal Data or rectification, erasure, or restriction of processing of your Personal Data should be sent to our DPO. Please also feel free to contact our DPO if you have any questions about this Privacy Policy or our information practices.

If an Organizer is your data controller, please contact that Organizer’s DPO directly in accordance with that Organizer’s privacy policy.

If you have a complaint about haku's privacy practices, please contact our DPO and we will take reasonable steps to work with you to attempt to resolve your complaint. You also have the right to make a complaint at any time to a supervisory authority.

COMPLAINTS AND INDEPENDENT RECOURSE MECHANISM

Individuals whose data are transferred to the US based on the EU-U.S. Data Privacy Framework (DPF) have several redress mechanisms at their disposal if they consider that haku does not comply with the DPF. Individuals may bring a complaint directly to haku, and the participant must respond to the individual within 45 days.

Haku has further committed to refer unresolved Data Privacy Framework complaints to the International Centre for Dispute Resolution - the international division of the largest arbitral institution in the world, the American Arbitration Association (ICDR- AAA), an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit the the ICDR-AAA website to file a complaint, at:

https:/go.adr.org/dpf_irm.html

​The services of the ICDR-AAA are provided at no cost to you.

If your complaint is not resolved after following the recourse mechanisms described above, you may have the ability to invoke binding arbitration, following the procedures and subject to conditions set forth in Annex I of the DPF Principles. Additional information is available here:

https://www.dataprivacyframework.gov/s/article/How-to-Submit-a-Complaint-Relating-to-a-Participating-Organization-s-Compliance-with-the-DPF-Principles-dpf

EU representative

Haku has appointed a representative in the European Union, for the purpose of handling privacy matters, including cooperating with the competent supervisory authorities:

Rickert Rechtsanwaltsgesellschaft mbH
Haku App Corporation
Colmantstraße 1553115
Bonn, Germany
art-27-rep-haku@rickert.law

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS:

Individuals who are residents of California and have provided their Personal Data to us may request information regarding our disclosures, if any, of their Personal Data to third parties for direct marketing purposes. Such requests must be submitted to our DPO in writing at:

haku App Corporation, Inc.
Attn: Data Protection Officer
1221 Brickell Ave, Suite 1700
Miami, FL 33131
DPO@hakusports.com

Such requests must include the reference Request for California Privacy Information in the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above.