Mod Studio Inc.

Privacy Policy

Effective date: March 6, 2023

This Privacy Policy applies to Mod Studio Inc. (" us", " we", or " our") services, including but not limited to the http://www.modd.io, http://www.ioGameMaker.com and http://www.mobb.io/ websites and the Mod Studio mobile application (collectively the " Service").

This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of Personal Data (as defined below) when you use our Service and the choices you have associated with that data. We use your data to provide and improve the Service.

By clicking "I AGREE" or similar CONFIRMATION or by using the Service you are agreeing to the terms of this Privacy Policy AS APPLICABLE IN YOUR JURISDICTION.

IF YOU ARE PURCHASING OR USING THE SERVICE ON BEHALF OF AN ORGANIZATION, "YOU" AND "YOUR" IN THE PRIVACY POLICY REFER TO THE ORGANIZATION AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE PRIVACY POLICY AND ARE AGREEING TO THE PRIVACY POLICY FOR THAT ORGANIZATION.

Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Subject to legal and contractual requirements and as required by applicable law, you may choose not to provide certain Personal Data or to opt-out of the collection of or to request the deletion of certain Personal Data to us (or, if applicable, certain third parties), which can impact Service features available to you or operation of the Service.

Types of Data Collected

Personal Data

While using our Service, we ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personal Data includes:

• email addresses;

• display names;

• details of purchases made on our Service;

• third-party user IDs (i.e., Google, Discord, Twitter, Facebook);

• Usage Data (as defined below);

• Tracking and Cookies Data (as defined below);

• information you have given us via direct enquiries; and

• other information you choose to share with us.

Usage Data

We collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data is information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data includes information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking and Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information (" Tracking and Cookies Data").

Cookies are files with small amounts of data which often include unique identifiers. Cookies can be sent to your browser or stored on your device. Other Tracking technologies also used are beacons, tags, and scripts which collect and track information and improve and analyze our Service.

You can instruct your browser or device to refuse all cookies or other tracking technologies or to indicate when a cookie is being sent or when you are being tracked. However, if you do not accept cookies or approve of certain tracking, you may not be able to use some portions of our Service.

Cookies we use include:

• Session Cookies. We use Session Cookies to operate our Service.

• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

• Security Cookies. We use Security Cookies for security purposes.

• Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Use of Data

We use Personal Data for various purposes, including to:

• provide and maintain our Service;

• notify you about changes to our Service;

• allow you to participate in interactive features of our Service when you choose to do so;

• provide customer support;

• gather analysis or valuable information so that we can improve our Service;

• monitor the usage of our Service;

• detect, prevent and address technical issues; and

• provide you with news, special offers and general information about other goods, services and events which we offer unless you have opted not to receive such information.

We use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.

We will communicate with you through your email address or other digital methods in order to provide the Service and to respond to support requests or comments. If you have provided us with your email address and would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you can do so by clicking a link within certain types of emails that we send to you or, if no link is available, by replying with "unsubscribe" in the email title or body.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (" EEA"), our legal basis for collecting and using the Personal Data described in this Privacy Policy depends on the type of Personal Data we collect and the context in which we collect it.

The categories of Personal Data we use and the legal basis for its processing is set out below:

Emails and other forms of digital contact (" Contact Information") can also be processed to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. Pursuant to GDPR Article6(1)(a), we will acquire your consent prior to processing Contact Information.

We may also process your Personal Data for additional reasons as they become apparent to comply with the law, or if it is in our legitimate interests so long as that interest is not overridden by your rights. This can include but is not limited to protecting our Services and users against illegal activity, inappropriate behaviour, and actions that violate our terms.

Retention of Data

We will retain your Personal Data only for as long as is necessary to perform the Servicers to you as set out in this Privacy Policy. Personal Data is not used or retained for longer than is necessary and is deleted in a reasonable period of time following the end of your use of the Service.

Notwithstanding the forgoing, we will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws can differ than those from your jurisdiction.

If you are located outside Canada and choose to provide information to us, please note that we transfer the data, including Personal Data, to Canada and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other Personal Data.

Disclosure of Data

Business Transaction

If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

We shall disclose your Personal Data in the good faith belief that such action is necessary to:

• comply with a legal obligation;

• protect and defend our legal rights or property;

• prevent or investigate possible wrongdoing in connection with the Service;

• protect the personal safety of users of the Service or the public; and

• protect against legal liability.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser or on your device to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser or device.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the EEA, you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

• The right to object. You have the right to object to our processing of your Personal Data.

• The right of restriction. You have the right to request that we restrict the processing of your Personal Data.

• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

• The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your Personal Data. You have the right to opt-out of marketing communications we send you at any time. If you receive any marketing emails from us, you can exercise your right to stop such communications by following the unsubscribe link on any marketing emails we send you. To opt-out of other forms of marketing, please contact us using the contact information provided below.

• The right to file a complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction.

• The right to post-mortem control of your Personal Data. Certain jurisdictions grant post-mortem controls of your Personal Data and if such rights are applicable in your jurisdiction, you have the right to establish guidelines for the preservation, deletion and transmission of your Personal Data after your death through a will or through your estate.

Please note that we can ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.

California "Shine the Light" Right

If you are a California resident, California Civil Code 1798.83 grants you the right to request disclosure of the categories of Personal Data we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would like to make this request, please contact us using the contact information set forth below.

Please note that you can only make this request once per year.

Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.120 permits you to opt-out of the sale and sharing of your Personal Data to third parties. Currently, we do not sell your Personal Data to third parties and any Personal Data that is shared to third parties, including Mixpanel, is done only to perform tasks as detailed in the Privacy Policy. We provide a general opt-out right to all of our users.

You can opt-out from Mixpanel's sharing of your Personal Data by following the instructions described on its opt-out service page: https://mixpanel.com/cpra-preference-center.

If you have any other questions about our privacy practices, please email us at the information set out below.

Service Providers

We employ third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

This Privacy Policy only applies to Personal Data that we collect, process and disclose and does not apply to the collection, processing and disclosure of data by third parties (including but not limited to Service Providers) through third-party services, which may be broader than set forth in this Privacy Policy, and that can be embedded into the Service. Third-party services include but are not limited to Onesignal, Firebase, Adinplay, Mixpanel, Xsolla Google Analytics, AdMob, Stripe, Apple, Braintree, Square and Paypal. In many cases, third parties and Service Providers may collect Personal Data and information about your online activities over time and across different websites and services. We strongly recommend that you read each third-party and Service Provider's privacy policy carefully before using the Service.

Analytics

We use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Advertising

We use third-party Service Providers to show advertisements to you to help support and maintain our Service.

• AdMob by Google AdMob by Google is provided by Google Inc. You can opt-out from AdMob by Google service by following the instructions described by Google: https://support.google.com/ads/answer/2662922?hl=en For more information on how Google uses the collected information, please visit the "How Google uses data when you use our partners' sites or app" page: http://www.google.com/policies/privacy/partners/ or visit the Privacy Policy of Google: http://www.google.com/policies/privacy/

Payments

We provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We do not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your Personal Data is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Links to Other Sites

Our Service can contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

We use third-party advertising companies to serve ads when you visit our Service. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here (http://www.networkadvertising.org/managing/opt\\_out.asp)

Children's Privacy

Our Service does not address anyone under the age of 18 (" Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

If you are a resident of the EEA below the age of consent in your country, we shall comply with applicable consent gathering standards required in your jurisdiction.

Changes to This Privacy Policy

We reserve the right, in our sole discretion, to modify this Privacy Policy at any time (each an " Update") and shall make each Update available on the Service.

You are deemed to accept an Update by continuing to use the Service.

Unless stated otherwise, an Update is automatically effective 30 days after posting on the Service, except in such case where an Update is immaterial to any of your legal rights or our legal obligations and such Update is made only to correct a typographical, formatting or grammar inaccuracy, and in such case, an Update is effective immediately after posting on our website(s).

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: [email protected]