Privacy Policy

Introduction

NOCAP Sports, Inc. (“we” or “NOCAP Sports”) respects your privacy and is committed to protecting it through our compliance with this policy.

This Privacy Policy (the “Policy”) describes the types of personal information we may collect from you or that you may provide when you visit the website www.nocapsports.io (our “Website”) or use our mobile application NOCAP App (our “App”) (collectively referred to as our “Platform”), and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to personal information we collect:

• on the Platform;
• in communications, including e-mail, text and other electronic messages between you and the Platform;
• through mobile and desktop applications you download, which provide dedicated non-browser-based interaction between you and the Platform; and
• when you interact with our advertising and applications on third-party Platform and services if those applications or advertising include links to this Policy.

It does not apply to information collected by:

• us offline or through any other means, including on any other Platform operated by NOCAP Sports or any third party (including our affiliates and subsidiaries); or
• us that is contained and accessible by the public on a third party website; or
• any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. This Privacy Policy applies to both the Website and the App, including all features, content, and services offered through either Platform.

AI Disclosure and Data Processing

By using NOCAP's Platform, Users acknowledge and consent to NOCAP collecting, storing, and processing User data using artificial intelligence and machine learning technologies ("AI"). NOCAP uses AI for its internal business purposes, including analytics, valuation, and market intelligence. User data will not be sold or made available to unauthorized third parties, except as required by law or as otherwise described in NOCAP's Terms of Use and Privacy Policy.

NOCAP may share User inputs, data, and interactions with third-party AI service providers that process such data on NOCAP's behalf, under its direction, and subject to appropriate confidentiality and data-protection obligations including the AI service providers’ own terms and privacy policy that may include using User data to train its AI model. Users grant NOCAP a non-exclusive license to use, process, and analyze their data for the purposes described in these Terms of Use, and NOCAP may use aggregated or de-identified data for any lawful purpose.

AI-generated outputs are provided "as is," may be inaccurate or incomplete, and do not constitute legal, financial, tax, or compliance advice. Users are solely responsible for independently verifying any output before relying on it. To the fullest extent permitted by law, NOCAP disclaims all liability for any loss, decision, or damage arising from AI-generated outputs. NOCAP employs commercially reasonable safeguards to protect User data but does not guarantee that transmission or storage is completely secure.

Children Under the Age of 13

Our Platform is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Platform. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Platform or on or through any of its features/register on the Platform, make any purchases through the Platform, use any of the interactive or public comment features of the Platform or provide any personal information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@nocapsports.io.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Platform, including information:

• by which you may be personally identified, such as name, postal address, e-mail address, and telephone number (“personal information”);
• that is about you, but individually does not identify you; and/or
• about your internet connection, the equipment you use to access our Platform and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Platform. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies; and/or
• from third parties—for example, our business partners.

• information that you provide by filling in forms on our Platform;
• information you may provide when you report a problem with our Platform;
• records and copies of your correspondence (including e-mail addresses) if you contact us;
• your responses to surveys that we might ask you to complete for research purposes;
• and your search queries on the Platform.

• details of your visits to our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on the Platform; and
• information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Platform and to deliver a better and more personalized service, including by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Platform according to your individual interests;
• speed up your searches; and
• recognize you when you return to our Platform.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts or functions of our Platform. Unless you have adjusted your browser settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Platform.
• Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of our Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

When you download or use our App, we may collect additional information automatically, including:

• device identifiers and mobile advertising identifiers;
• operating system and version;
• device type, manufacturer, and model;
• App usage data and diagnostics;
• IP address and generational locational information derived therein;
• crash logs and performance data; and
• push notification tokens.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Where required by law or platform policy, including Apple’s App Tracking Transparency framework, we will request your permission before engaging in tracking activities that involve data collected across apps or websites owned by other companies.

Publicly Available Information and Unclaimed Profiles

NOCAP Sports may collect and use publicly available information about athletes from public sources manifestly made public, including but not limited to publicly accessible websites, social media platforms, team rosters, school websites, press releases, and other public records. Using this publicly available information, we may create limited, unclaimed athlete profiles on the Platform prior to the athlete registering for or creating an account. These profiles are intended solely to facilitate the discovery of potential name, image, and likeness (“NIL”) opportunities and allow brands to identify and propose potential deals that may benefit the athlete. Athletes may claim, correct, or request the removal of an unclaimed profile at any time by emailing us at info@nocapsports.io or by registering on the Platform. Once claimed, the profile becomes subject to the athlete’s control and preferences and may be deleted at any time.

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Platform are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Platform. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• to present our Platform and its contents to you;
• to provide you with information, products or services that you request from us;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
• to notify you about changes to our Platform or any products or services we offer or provide through it;
• to create and maintain athlete profiles, including unclaimed profiles generated from publicly available information, for the purpose of facilitating NIL opportunities, deal discovery, and platform functionality for the benefit of athletes;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

We may use aggregated or non-identifiable information to help advertisers understand the reach and effectiveness of their campaigns. We do not provide advertisers with personal information unless you expressly consent. However, even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide, as described in this Privacy Policy:

• to our affiliates, in which case we will require those affiliates to honor this Privacy Policy;
• to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• to a potential investor or a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of NOCAP Sports’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by NOCAP Sports about the Platform’s users is among the assets transferred;
• to third parties to market their products; provided that, we contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information; and
• with your consent.

We may also disclose your personal information:

• to comply with any court order, law or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of NOCAP Sports, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

NOCAP Sports does not sell personal information and does not share athlete profile data with third parties for advertising or data brokerage purposes. Publicly available information collected to generate unclaimed profiles is used exclusively for NOCAP’s internal platform operations and to facilitate potential NIL opportunities for athletes.

Do Not Track

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If an App Store or law requires new online tracking processes, NOCAP will revise this Privacy Policy accordingly.

Notwithstanding the above, we adhere to the user’s choice regarding App Tracking Transparency on IOS devices.

Jurisdiction and Cross-Border Transfer

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platform, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information.

Options Regarding Your Personal Information

If you have an account on the Platform, you may at any time review or change the information in your account or terminate your account by emailing us at info@nocapsports.io or by updating your account information directly on the Platform. Upon your request to terminate your account, we will deactivate or delete your account and personal information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Emails and Other Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by emailing us at info@nocapsports.io or by updating your account settings page, or terminating your account, on the Website. If you no longer wish to receive correspondence, emails, or other communications from a third party, you are responsible for contacting the third party directly.

Push Notifications

If you install our App, you may choose to receive push notifications. Push notifications are optional and may be enabled or disabled at any time through your device settings. We do not require push notification permissions as a condition of using our Platform.

App Permissions

Depending on how you use the App, we may request access to certain device permissions, such as notifications, camera, or photo library access. These permissions are optional and are used only to enable specific features requested by you. You may control or revoke permissions at any time through your device settings.

Data Retention

We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, maintaining safety, security, and fraud prevention, or as advisable in light of legal requirements.

Third Party Websites

The Platform may contain links to third party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Platform, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot protect the safety and privacy of information that you provide to a third party outside of the Platform. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary, in your discretion, to protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services, or applications that may be linked to or from the Platform.

Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information that is provided to us, please be aware that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.

Privacy Notice for California Residents

This Privacy Notice for California Residents applies solely to the personal information of individuals who reside in the State of California. We have provided this Privacy Notice for California Residents to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and California Privacy Rights Act of 2020 (the “CPRA”) and any terms defined in the CCPA and CPRA have the same meaning when used in this notice.

Your Rights and Choices: The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and how you may exercise those rights.

• Access to Specific Information; Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; (c) our business or commercial purpose for collecting or selling that personal information; (d) the categories of third parties with whom we share that personal information, if any; (e) the specific pieces of personal information we collected about you (also called a data portability request); (f) if we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.
• Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, if any, to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: (a) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; (b) detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities; (c) debug products to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (f) engage in public or peer-reviewed research in accordance with Section 1798.105 (d)(6) of the CCPA; (g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (h) comply with a legal obligation; or (i) make other internal and lawful uses of that information that are compatible with the context in which you provided it
• Exercising Your Rights. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by email at info@nocapsports.io.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within any 12-month period. The verifiable consumer request must: (a) provide sufficient information that allows us to reasonably verify that you are the individual about whom we collected personal information or that you are an authorized representative of that individual; and (b) describe your request with sufficient detail to allows us to properly understand, evaluate and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

• Response Timing and Format. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
• Non-Discrimination. We will not discriminate against you for exercising your CCPA rights. Unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time
• Use of Sensitive Personal Information. We collect Financial Account information solely for tax and payout purposes. We collect Account Log-ins for account access. We do not use or disclose Sensitive Personal Information for purposes other than providing our services, processing payments, and preventing fraud.

Contact Information: If you have any questions or comments about this Privacy Notice for California Residents, the ways in which we collect and use your information described in this Privacy Notice for California Residents, your choices and rights regarding such use or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: info@nocapsports.io
Postal Address: NOCAP Sports, Inc., 1930 E Arizona St, Philadelphia, PA 19125

Changes to Our Privacy Policy

NOCAP Sports may revise and update this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to the Platform or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Platform to stay informed about our information practices and the choices available to you. Your continued use of the Platform following the posting of a revised Privacy Policy means that you accept and agree to the changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, or would like to make a request, please contact us at: info@nocapsports.io.