1. Scope

This Privacy Policy applies to Personal Information Processed by Waypoint Collective in the course of operating our business, including on our websites (each a “Site”), mobile applications, check-in kiosks, messaging services, forums, blogs, and other online or offline offerings (collectively, the “Services”). The terms “WC”, “we”, and “us” include Enger Lofts and our affiliates and subsidiaries.

This Policy applies to all WC’s operating divisions, subsidiaries, affiliates, and branches, and any additional subsidiary, affiliate, or branch of WC that we may subsequently form. All individuals whose responsibilities include Processing Personal Information for us are expected to protect it by following this Privacy Policy.

2. Transparency/Notice

‍2.1. PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we collect and our privacy practices depend on whether you are a customer, user, visitor (together, “Individuals”) and the requirements of applicable law.

‍The Enger Lofts Information. When you register for or use the Services, or make a purchase online or in-person, we will collect information from you. This may include Registration Data, your name, email address, phone number, address, travel itinerary, date of birth, a copy of your government ID, credit card information, and other related information. We may also issue you a personal invite and/or promotional code.

Information about your Stay. When you stay at one of our hotels, we may collect information about your experience, including amenities purchased, preferences, feedback, and other related information.

Communications with Us. We may collect Personal Information and the contents of your communication when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, or otherwise communicate with us. If you call our customer support line, you agree we may record your conversation for quality assurance, fraud prevention and training purposes.

Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include Personal Information.

Interactive Areas. We may offer forums, blogs, social media pages, messaging services, and other Interactive Areas. WC may collect the information you share in these channels, including the content of any messages. Any content you provide on public or community areas of these channels, including User

Biometric Information. As part of the check-in process, we may ask you to provide a government ID and also to take a “selfie”. We (and our service providers) may collect biometric information contained in both images and compare it for fraud and verification purposes. We do not use this biometric information for any other purpose.

Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.

Automatic Data Collection. We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, information about when you lock or unlock a hotel room door with the mobile application, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.

Information from Other Sources. We may obtain information about you from other sources, including through third party services and organizations (such as credit agencies) to supplement information provided by you. For example, if you access our Services through a third party application, such as an App Store, a third party login service, or a Social Networking Site (e.g., Google, Facebook, etc.), we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.

2.2. HOW WE USE YOUR INFORMATION

We Process Personal Information about Individuals for a variety of business purposes, including:

To Provide Products, Services, or Information Requested including to:

Process and complete any transactions in connection with the Services (e.g., to sell you a hotel room);

Manage Individual information and accounts;

Respond to questions, comments, and other requests;

Provide access to certain areas, functionalities, and features of our Services;

Answer requests for customer or technical support;

Allow you to register for events.

For Administrative Purposes including to:

Measure interest and engagement in our Site and Services;

Conduct research and development;

Improve our products and Services;

Develop new products and Services;

Ensure internal quality control;

Verify Individual identity;

Communicate with you about your account, activities on our Site and Services and policy changes;

Process your financial information and other payment methods for products or Services purchased;

Prevent potentially prohibited or illegal activities;

Enforce our Terms;

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To Market Our Products and Services . We may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. We may provide you with these materials as permitted by applicable law. Such uses include:

To tailor content, advertisements, and offers;

To notify you about offers, products, and services that may be of interest to you;

To provide Services to you and our partners;

Other purposes you consent to or are disclosed when you provide Personal Information.

You may contact us at any time to opt out of the use of your Personal Information for marketing purposes as described below.

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De-identified and Aggregated Information Use. We may use Personal Information and other information about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Site and Services, or other analyses we create. De-identified or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

Sharing Content with Friends or Colleagues. EL’s Site and Services may offer various tools and functionalities. For example, WC allows you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by WC or any other third parties for any other purpose.

Other Uses. WC may use Personal Information to pursue legitimate interests, such as direct marketing, research (including marketing research), network and information security, and fraud prevention, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

2.3. COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING

‍We, as well as third parties that provide content, advertising, or other functionality on the Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. Technologies are essentially small data files placed on your computer, tablet, mobile phone, or other devices that allow us to record certain pieces of information whenever you visit or interact with our Site and Services.

Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

Analytics. We may also use Google Analytics, Mixpanel, and other service providers to collect information regarding visitor behavior and visitor demographics on our Site and Services. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. This includes Technologies that allow you access to our Site, Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions;

Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;

Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Site and Services. This may include identifying you when you sign into our Site or Services or keeping track of your specified preferences, interests, or past items viewed;

Advertising or Targeting Related. We may use first party or third party Technologies to deliver content, including ads relevant to your interests, on our Site and Services or on Third Party sites.

2.4. THIRD PARTY WEBSITES, SOCIAL MEDIA PLATFORMS AND SOFTWARE DEVELOPMENT KITS

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The Services may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other Third-Party Content, websites or applications. Visiting these other websites or applications is at your own risk.

EL’s Services may include publicly accessible blogs, forums, social media pages, Interactive Areas, and private messaging features. By using such services you assume the risk that the Personal Information provided by you may be viewed and used by Third Parties for any number of purposes.

We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including advertising partners to collect your Personal Information to provide content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

‍3. Onward Transfer—How We May Disclose Your Information

‍3.1. INFORMATION WE SHARE

We may share your information as described in this Privacy Policy:

Hotels to Book your Stay. When you purchase a hotel room operated by EL, we will provide your information to that property in order to facilitate the transaction you requested. If all hotels in the WC network are booked up, we may provide your information to other hotels we work with.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) the provision of the Site and Services.

Business Partners. We may provide Personal Information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.

Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, WC may allow third party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site and Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your Personal Information with third party advertising partners, you may follow the instructions below.

Disclosures to Protect Us or Others. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others’ rights, property, or safety; (iv) to enforce our policies or contracts; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

3.2. INTERNATIONAL DATA TRANSFERS

You agree that all information Processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the European Union, the United States or other countries in order to provide the Services. Personal Information may be stored in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request.

4. Your Choices: Right to Object to Processing

‍4.1. GENERAL

You have the right to object to or opt out of certain uses of your Personal Information. Where you have consented to the Processing of your Personal Information, you may withdraw that consent at any time and prevent further Processing by contacting us as described below.

4.2. EMAIL AND TELEPHONE COMMUNICATIONS

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms or this Privacy Policy).

‍4.3. MOBILE DEVICES

We may send you push notifications through our mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. WC may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

4.4. “DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

4.5. COOKIES AND INTEREST-BASED ADVERTISING

You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/ and http://www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Alternatively, for some devices you may use your device's platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

5. Rights of Access, Rectification, Erasure, and Restriction

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly Processed Personal Information; and (vi) request erasure of Personal Information held about you by EL, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, WC will take steps to verify your identity before fulfilling your request.

6. Data Retention

EL retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. WC will delete your biometric information within thirty days after we collect it.

7. Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.

8. Children’s Information

The Site and Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us as set forth below. If we learn that we have collected any Personal Information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account‍.

9. California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Except as otherwise provided in this Privacy Policy, WC does not share Personal Information with Third Parties for their own marketing purposes.

10. Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our Processing of your Personal Information violates applicable law.

11. Changes to Our Privacy Policy

We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

12. Terms of Service

This Privacy Policy is incorporated by reference into the WC Terms of Service (the “Terms”). All other terms not defined in this Privacy Policy will have the meanings set forth in the Terms.

13. Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

1831 West Superior Street

Duluth, MN 55806

hello@waypoint-collective.com

‍14. Definitions

“Personal Information” is any information relating to an identified or identifiable natural person. Personal Information does not included aggregated or de-identified data.

“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.