Privacy Notice

This Privacy Notice explains how Siverity Software LLC, a Utah limited liability company ("Siverity Software," "Company," "we," "us," or "our"), collects, uses, discloses, and protects personal information when you access or use our websites, applications, software, subscription services, and other products and services.

Our sports intelligence and analytics service is currently offered under the name kismetIQ. References in this Privacy Notice to "kismetIQ," the "Service," or the "Services" include services operated by Siverity Software LLC regardless of whether the product or service name changes in the future.

This Privacy Notice should be read together with our Terms and Conditions.

1. Information We Collect

The information we collect depends on how you interact with kismetIQ.

A. Information You Provide to Us

We may collect information that you voluntarily provide, including:

• name;
• email address;
• username or account identifier;
• password or authentication information;
• account preferences and settings;
• billing information;
• subscription information;
• transaction and purchase information;
• communications with customer support;
• feedback, survey responses, or other information you submit to us; and
• other information you choose to provide through the Services.

B. Payment Information

When you purchase a kismetIQ subscription, payment information may be collected and processed by our third-party payment processor.

Depending on the payment method and processor used, Siverity Software LLC may receive information such as:

• your name;
• billing address;
• transaction identifier;
• payment status;
• payment method type;
• subscription status; and
• limited payment-related information.

We may not directly receive or store your complete payment-card number, security code, or other full payment credentials when those credentials are processed directly by a third-party payment processor.

C. Information Collected Automatically

When you access or use kismetIQ, we and service providers acting on our behalf may automatically collect certain technical and usage information, including:

• Internet Protocol (IP) address;
• browser type and version;
• operating system;
• device type;
• device identifiers;
• referring and exit pages;
• pages and features viewed;
• links or buttons clicked;
• dates and times of access;
• session duration;
• general geographic information derived from an IP address;
• login and authentication activity;
• application or website performance information;
• error and diagnostic information; and
• other information about how you interact with the Services.

D. Subscription and Service Usage Information

We may collect information about how you use kismetIQ, including:

• subscription plan and status;
• account activity;
• login history;
• features accessed;
• pages viewed;
• searches performed;
• player, team, projection, or analytical pages viewed;
• interactions with projections, rankings, recommendations, simulations, or other features;
• preferences and settings; and
• other interactions with the Services.

We may use this information to operate, secure, understand, evaluate, and improve kismetIQ.

2. How We Use Information

We may use personal information to:

• create and administer accounts;
• authenticate users;
• provide the Services;
• process subscriptions and payments;
• maintain subscription status and access controls;
• provide customer service and technical support;
• communicate about accounts, subscriptions, transactions, security, and service changes;
• personalize aspects of the Services;
• understand how users interact with kismetIQ;
• measure usage and performance;
• improve existing features and develop new features;
• diagnose technical problems;
• detect, investigate, and prevent fraud, account sharing, scraping, unauthorized redistribution, security incidents, and misuse;
• enforce our Terms and Conditions and other policies;
• protect Siverity Software LLC, our users, and others;
• maintain records and conduct internal business operations;
• comply with legal and regulatory requirements; and
• establish, exercise, or defend legal claims.

We may also use information for other purposes disclosed to you when the information is collected or with your consent where required.

3. Analytics and Improvement of kismetIQ

We may use analytics technologies and service providers to understand how users interact with kismetIQ.

Analytics information may help us understand:

• which pages and features are used most frequently;
• how users navigate through the Services;
• how long users interact with particular features;
• whether features operate correctly;
• where technical problems occur;
• general usage trends; and
• how the Services can be improved.

We also use advertising and marketing technologies, including Google Ads, to measure the effectiveness of our advertising - for example, to understand which advertisements lead to subscriptions. We do not currently use these technologies to personalize or target advertising to you. See Section 4 for the cookie choices kismetIQ makes available.

We may combine or aggregate usage information to evaluate the performance and development of kismetIQ.

Where reasonably practicable, aggregated or de-identified information used for analytics and research will not directly identify individual users.

4. Cookies and Similar Technologies

kismetIQ may use cookies and similar technologies to operate, secure, analyze, and improve the Services.

Cookies are small data files that websites may place on a user's browser or device.

We may use categories of cookies such as:

Essential Cookies

These cookies may be necessary for functions such as:

• authentication;
• account login;
• security;
• fraud prevention;
• subscription access;
• session management; and
• basic website functionality.

Analytics Cookies

These cookies may help us understand how visitors use kismetIQ and how the Services perform.

Functional Cookies

These cookies may remember settings, preferences, or other choices that improve your experience.

Marketing Cookies

kismetIQ uses advertising and marketing technologies, including Google Ads, to measure the effectiveness of its advertising - for example, to understand which advertisements lead to subscriptions. kismetIQ does not currently use these technologies to personalize or target advertising to you. Use of these technologies is subject to applicable law and to the cookie choices kismetIQ makes available.

You may be able to control cookies through your browser settings or through cookie controls that kismetIQ makes available.

Disabling certain cookies may affect the functionality of the Services.

5. Communications

We may use your contact information to send service-related communications, including:

• account notifications;
• security alerts;
• subscription and billing communications;
• transaction confirmations;
• changes to the Services;
• changes to legal terms or policies; and
• customer-support communications.

These communications may be necessary to provide the Services and may not always be optional while you maintain an active account.

We may also send promotional or marketing communications where permitted by law.

You may opt out of promotional email communications by using the unsubscribe mechanism included in the communication or by contacting us.

Opting out of marketing communications does not prevent us from sending necessary transactional, account, security, or service communications.

6. How We Disclose Information

We do not sell personal information for money.

We may disclose personal information in the following circumstances:

Service Providers

We may provide information to vendors and service providers that perform services on our behalf, such as:

• website and application hosting;
• cloud infrastructure;
• database services;
• authentication;
• payment processing;
• email delivery;
• customer support;
• analytics;
• security;
• fraud prevention; and
• technical operations.

These providers may process information only as permitted by their agreements with us and applicable law.

Legal Requirements and Protection of Rights

We may disclose information when we reasonably believe disclosure is necessary to:

• comply with applicable law, regulation, subpoena, court order, or legal process;
• respond to lawful requests from governmental authorities;
• investigate fraud, security incidents, or unlawful conduct;
• enforce our Terms and Conditions;
• protect the rights, property, safety, or security of Siverity Software LLC, our users, or others; or
• establish, exercise, or defend legal claims.

Business Transactions

If Siverity Software LLC is involved in a merger, acquisition, financing, reorganization, bankruptcy, sale of assets, or similar business transaction, personal information may be disclosed or transferred as part of that transaction, subject to applicable law.

With Your Direction or Consent

We may disclose information when you direct us to do so or otherwise provide consent.

7. We Do Not Sell kismetIQ User Information as a Product

Siverity Software LLC's business is providing sports intelligence and analytics services through kismetIQ, not selling lists of users or their personal information.

We do not sell user names, email addresses, account credentials, payment information, or individual kismetIQ usage histories as standalone commercial data products.

If our practices materially change in the future, we will update this Privacy Notice and provide any notices or choices required by applicable law.

8. Data Security

We use reasonable administrative, technical, and organizational safeguards designed to protect personal information from unauthorized access, use, alteration, disclosure, loss, or destruction.

These measures may include access controls, authentication systems, encryption, monitoring, logging, security practices, and restrictions on access to personal information.

However, no website, application, network, transmission method, or electronic-storage system can be guaranteed to be completely secure.

You are responsible for maintaining the confidentiality of your account credentials and should use a strong, unique password and take reasonable precautions to protect your account.

If you believe your account has been compromised, you should contact us promptly at info@siverity.com.

9. Data Retention

We retain personal information for as long as reasonably necessary for the purposes described in this Privacy Notice, including to:

• provide and administer the Services;
• maintain your account and subscription;
• process transactions;
• maintain business and financial records;
• resolve disputes;
• enforce agreements;
• prevent fraud and abuse;
• maintain security;
• comply with legal obligations; and
• establish, exercise, or defend legal claims.

Retention periods may vary depending on the type of information and the reason it is maintained.

We may retain certain information after an account is closed where reasonably necessary or legally required.

We may also retain aggregated or de-identified information that does not reasonably identify you.

10. Your Privacy Rights and Choices

Depending on where you reside and applicable law, you may have rights regarding your personal information.

These rights may include the ability to:

• request access to personal information we maintain about you;
• request correction of inaccurate personal information;
• request deletion of certain personal information;
• obtain information about how we collect, use, or disclose personal information;
• withdraw consent where processing is based on consent;
• opt out of certain marketing communications; and
• exercise other rights provided by applicable privacy law.

Not every right applies in every jurisdiction or circumstance.

We may need to verify your identity before processing certain privacy requests.

We will not unlawfully discriminate against you for exercising applicable privacy rights.

11. U.S. State Privacy Rights

Residents of certain U.S. states may have additional rights under applicable state privacy laws.

Depending upon the law and whether it applies to Siverity Software LLC, these rights may include:

• confirming whether we process your personal information;
• accessing personal information;
• correcting inaccuracies;
• deleting personal information;
• obtaining a portable copy of certain information;
• opting out of certain targeted advertising;
• opting out of certain sales or sharing of personal information; and
• appealing certain decisions concerning a privacy request.

Some state privacy laws apply only after a business satisfies particular statutory thresholds. Accordingly, a particular statutory right may not apply to Siverity Software LLC at a particular time.

Where applicable law grants you a right, we will honor that right as required by law.

12. Do Not Track and Privacy Signals

Some browsers provide "Do Not Track" signals or other privacy preference mechanisms.

Because there is not a universally accepted standard for all Do Not Track signals, our Services may not respond to every such signal.

Where applicable law requires recognition of a legally valid browser-based opt-out preference signal, we will process supported signals as required by law.

13. Children's Privacy

kismetIQ is intended for adults.

Our Services are not directed to children under 18, and we do not knowingly collect personal information from children under 18 through accounts intended for kismetIQ subscribers.

If we learn that we have collected personal information from a child in violation of applicable law, we will take reasonable steps to delete or otherwise appropriately handle that information.

If you believe a child has provided personal information to Siverity Software LLC, please contact us at info@siverity.com.

14. Third-Party Websites and Services

kismetIQ may contain links to or integrations with third-party websites, sportsbooks, fantasy platforms, prediction markets, payment processors, social platforms, or other third-party services.

This Privacy Notice does not govern the privacy practices of those third parties.

We encourage you to review the privacy policies of third-party services before providing them with personal information.

Siverity Software LLC is not responsible for the privacy practices, security, or content of independent third-party services.

15. International Users and Data Processing

Siverity Software LLC is based in the United States.

If you access kismetIQ from outside the United States, your information may be processed or stored in the United States or other countries where Siverity Software LLC or its service providers operate.

Privacy and data-protection laws in those locations may differ from the laws of your jurisdiction.

Where required by applicable law, we will use appropriate mechanisms for international transfers of personal information.

16. De-Identified and Aggregated Information

We may create aggregated or de-identified information from information collected through kismetIQ.

We may use such information for:

• analytics;
• statistical analysis;
• product development;
• research;
• performance measurement;
• business planning;
• security; and
• improving kismetIQ.

Where information has been de-identified, we will not attempt to re-identify it except where permitted or required by law, including for purposes of testing whether de-identification processes are effective.

17. Changes to This Privacy Notice

We may update this Privacy Notice from time to time to reflect changes in:

• our Services;
• our technology;
• our business practices;
• our service providers;
• applicable laws or regulations; or
• other operational requirements.

When we update this Privacy Notice, we will update the "Last Updated" date.

If changes are material, we may provide additional notice through the Services, by email, or by another method where appropriate or required by law.

Your continued use of the Services following an update is subject to the updated Privacy Notice, to the extent permitted by applicable law.

18. Contact Us

If you have questions about this Privacy Notice, our privacy practices, or a request concerning your personal information, you may contact: