Plutus Swap-O-Rama Privacy and SMS Terms

1. Contact Information. Name, email address, mailing address, and telephone number provided through our Site, vendor applications, rental agreements, or correspondence.
2. Payment Information. Credit card numbers, billing addresses, and other financial information necessary to process rental fees, application fees, or purchases.
3. Vendor Application Data. Business information, product descriptions, licensing details, and other information submitted in connection with vendor rental applications.
4. Communications. Information contained in emails, text messages, phone calls, or other communications with us.

1. Website Usage Data. IP address, browser type, device identifiers, pages viewed, time and date of access, referring URLs, and other usage statistics through cookies, web beacons, and similar technologies.
2. Location Information. General geographic location based on IP address or, with your consent, precise geolocation data from your mobile device.
3. Photographic, Video, and Audio Recordings. Images, video footage, and, where lawful, audio recordings captured at our Markets through security cameras, live streaming equipment, photography, videography, and other recording devices.

1. Payment processors and financial institutions.
2. Background check and verification services used in connection with vendor applications.
3. Social media platforms if you interact with our pages or content.
4. Publicly available sources.

1. Public Nature of Markets. Our Markets are public events open to the general public. By entering our Markets as a Visitor, Vendor, contractor, or attendee, you acknowledge that our Markets are public venues where you should have no expectation of privacy.
2. Recording Notice. You further acknowledge and expressly agree that you may be photographed, video recorded, audio recorded where permitted by law, and live streamed during your presence at the Markets. Signage at Market entrances provides notice of these recording activities.

1. Marketing and Promotion. To promote our Markets, vendors, and events through our website, social media channels, advertisements, and other marketing materials.
2. Operational Documentation. To document Market activities, vendor participation, and event operations for internal records and reporting.
3. Security and Safety. To monitor and enhance the security and safety of Visitors, Vendors, contractors, staff, and the public through surveillance cameras and recording equipment.
4. Live Streaming and Broadcasting. To live stream Market events, performances, and activities on social media platforms, our website, or other digital channels.
5. Archival and Historical Purposes. To create archives of Market events and preserve the history of our Markets.

1. Grant of Rights. By entering our Markets, you irrevocably grant to us, our affiliates, successors, assigns, licensees, and designees the unrestricted, perpetual, worldwide right and license to use, reproduce, display, distribute, transmit, broadcast, publish, modify, adapt, create derivative works from, and otherwise exploit your name, voice, image, likeness, and appearance captured in any photographs, videos, audio recordings, or live streams taken at our Markets (collectively, “Recordings”).
2. Media and Channels. The rights granted include the right to use Recordings in any and all media now known or hereafter developed, including but not limited to our website, social media platforms (including Facebook, Instagram, Twitter, YouTube, TikTok, and others), print materials, advertisements, promotional content, broadcasts, and any other commercial or noncommercial purposes.
3. Waiver of Compensation. You acknowledge and agree that you will not receive any compensation, payment, royalty, credit, or other consideration for your appearance in any Recordings or for any use of your name, voice, image, likeness, or appearance as described in this Policy.
4. Waiver of Inspection and Approval. You waive any right to inspect or approve any Recordings or any finished materials that incorporate Recordings, including any written copy or other materials that may be used in connection with the Recordings.
5. Release of Claims. You release, discharge, and hold harmless us, our officers, directors, employees, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the capture, use, reproduction, distribution, or exploitation of Recordings as described in this Policy, including but not limited to claims for defamation, invasion of privacy, violation of right of publicity, or infringement of any other personal or proprietary right.

1. Published and Distributed. Posted on our website, social media accounts, printed materials, advertisements, and promotional content.
2. Licensed or Shared. Shared with media outlets, partner organizations, sponsors, and third parties for promotional, editorial, or other purposes.
3. Retained Indefinitely. Stored and retained for as long as we deem necessary for the purposes described in this Policy.

1. Illinois. Illinois law requires consent of all parties to record oral communications in certain private settings. Our Markets are public venues where attendees have no reasonable expectation of privacy. Any audio recording at our Illinois Markets will be conducted in compliance with applicable Illinois law. Signage and this Policy serve as notice that audio recording may occur in public areas of our Markets.
2. Florida. Florida law requires consent of all parties to record oral communications in certain private settings. Our Markets are public venues and events open to the general public where attendees have no reasonable expectation of privacy. Any audio recording at our Florida Markets will be conducted in compliance with applicable Florida law. By entering our Markets, you consent to audio recording in public areas where no reasonable expectation of privacy exists.

1. Illinois Biometric Information Privacy Act Compliance. We do not collect, capture, purchase, receive, or otherwise obtain any biometric identifiers or biometric information as defined by the Illinois Biometric Information Privacy Act, including but not limited to scans of face geometry, retina or iris scans, fingerprints, voiceprints, or scans of hand geometry, through our photography, videography, or other recording activities at our Markets or through our Site. 740 ILCS 14/10
2. Photographs and Video Recordings Excluded. The photographs, videos, and recordings we capture at our Markets and through our Site are standard photographic and video images that do not constitute biometric identifiers or biometric information under Illinois law. 740 ILCS 14/10; Bayeg v. Admiral at the Lake, 2024 IL App (1st) 231141 We do not use facial recognition technology, facial geometry scanning technology, or any other technology that captures or analyzes biometric identifiers or biometric information.
3. Separate Consent Required. If we ever implement technology that collects, captures, or uses biometric identifiers or biometric information as defined under Illinois law, we will provide separate written notice and obtain separate written consent as required by the Illinois Biometric Information Privacy Act before collecting or using any such biometric identifiers or biometric information. 740 ILCS 14/15
4. Florida Consumer Protection Act Compliance. We do not collect, capture, purchase, receive, or otherwise obtain any biometric identifiers or biometric information as defined by the Florida Consumer Protection Act, including but not limited to scans of face geometry, retina or iris scans, fingerprints, voiceprints, or scans of hand geometry, through our photography, videography, or other recording activities at our Markets or through our Site. Fla. Stat. § 501.171

1. Vendor Consent. By entering into a rental agreement with us to rent space at our Markets, you expressly consent to receive text messages from us or on our behalf at the mobile telephone number you provide. This consent applies to operational, transactional, marketing, and administrative messages related to your vendor participation. You understand that this consent to receive operational, marketing and vendor-related text messages is a condition of entering into a vendor rental agreement. This consent is not a condition of any purchase of goods or services from us.
2. Express Written Consent. By providing your mobile phone number and agreeing to participate in our SMS Program, you expressly consent to receive automated and/or prerecorded text messages from Plutus Swap-O-Rama LLC or on our behalf at the mobile telephone number you provide. You understand and agree that this consent applies even if the mobile telephone number you provide is registered on any state or federal Do Not Call list or any internal do-not-contact list.
3. Consent Not Required for Purchase. Your consent to receive text messages is not a condition of purchasing any goods or services from us. However, consent to receive text messages is a condition of entering into a vendor rental agreement as described in Section I.A above.
4. Newsletter Subscription. By providing your email address and subscribing to our newsletter through our website, you consent to receive our Newsletter via your email address.
5. Age Requirement. By consenting to receive text messages and/or our newsletter, you represent and warrant that you are eighteen (18) years of age or older and that you are the subscriber or customary user of the mobile telephone number or email you provide or that you are authorized by the subscriber or customary user to provide consent.

1. Operational and Transactional Messages. Market schedules, booth assignments, set-up instructions, payment reminders, policy updates, and other operational communications related to your vendor participation or Market attendance.
2. Marketing and Promotional Messages. Event announcements, special promotions, vendor opportunities, and other marketing content (only if you have opted in to receive marketing messages).
3. Administrative Messages. Confirmations, alerts, and other administrative communications.

1. How to Opt Out of Text Messages. You may opt out of receiving text messages at any time by replying “STOP” to any text message you receive from us. You may also contact us at info@swap-o-rama.com or 708-344-7300 to opt out.
2. Confirmation. After you send the message “STOP” to us, we will send you a one-time confirmation message to confirm that you have been unsubscribed. You will not receive further messages from us unless you re-enroll in our SMS Program.
3. Effect of Opt-Out for Vendors. If you are a Vendor and you opt out of SMS messages, you acknowledge that you may not receive important operational communications related to your vendor participation, including Market schedules, booth assignments, set-up instructions, and other time-sensitive information. We may communicate such information to you through alternative means, including email, telephone, or postal mail, but we are not responsible for any delays or failures to receive such communications if you opt out of SMS messages.
4. How to Unsubscribe from Our Newsletter. You may unsubscribe from our Newsletter by selecting the unsubscribe link in the Newsletter you receive from us. You may also contact us at info@swap-o-rama.com or 708-344-7300 to unsubscribe.
5. Confirmation. After you unsubscribe, we will send you a one-time confirmation message to confirm that you have been unsubscribed.

1. Collection of Mobile Number. When you provide your mobile phone number to participate in our SMS Program, we collect and store that number along with associated information such as your name, vendor status and consent records.
2. Use of Mobile Number. We use your mobile phone number solely for the purposes described in this Policy, including sending SMS messages, maintaining records of your consent, and complying with legal obligations.
3. No Sale or Sharing for Third-Party Marketing. We do not sell, rent, lease, or share your mobile phone number or SMS consent information with third parties for their own marketing purposes. We may share your information with service providers who assist us in operating our SMS Program (such as SMS platform providers and telecommunications carriers), subject to confidentiality obligations and agreements that prohibit such service providers from using your information for their own purposes.
4. Retention. We retain your mobile phone number and consent records for as long as you participate in our SMS Program and for a reasonable period thereafter as required to comply with legal obligations, resolve disputes, enforce our agreements, and maintain business records.

1. No Warranty. Our SMS Program is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not guarantee that messages will be delivered in a timely manner, delivered at all, or free from errors. We are not responsible for delays, failures, errors, or interruptions in message transmission caused by your mobile carrier, technical issues, equipment failures, network outages, or other factors beyond our reasonable control.
2. Limitation of Liability. To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in our SMS Program, including but not limited to damages for lost profits, lost data, or failure to receive time-sensitive messages, even if we have been advised of the possibility of such damages.

1. Process vendor applications and rental agreements.
2. Manage vendor booth assignments and Market logistics.
3. Communicate with you about your vendor participation, account, or transactions.
4. Provide customer service and respond to inquiries.
5. Process payments and maintain financial records.
6. Administer our SMS Program and send text messages as described in Article 4.
7. Operate and manage our Markets and events.

1. Send marketing communications about our Markets, events, and services via email, text message (if you have opted in), via email if you have signed up for our newsletter, postal mail, or other channels.
2. Promote our Markets and vendors through photographs, videos, and other content captured at Market events.
3. Display testimonials, reviews, and user-generated content.
4. Conduct marketing research and analysis.

1. Monitor and ensure the safety and security of our Markets, visitors, vendors, contractors, staff, and the public.
2. Investigate incidents, accidents, or violations of our policies or applicable law.
3. Prevent fraud, unauthorized access, theft, and other illegal activities.
4. Respond to emergencies and protect persons and property.

1. Comply with applicable laws, regulations, legal processes, and governmental requests.
2. Enforce our terms of service, rental agreements, policies, and other contracts.
3. Protect our rights, property, and safety and the rights, property, and safety of others.
4. Respond to and defend against legal claims.
5. Maintain records required by law.

1. Analyze Site usage and Market attendance patterns.
2. Improve our services, Site functionality, Market operations, and customer experience.
3. Conduct research and develop new products, services, or features.
4. Evaluate the effectiveness of our marketing and promotional campaigns.

1. Payment processors and financial institutions.
2. SMS messaging platform providers and telecommunications carriers.
3. Website hosting, data storage, cloud computing, and IT service providers.
4. Marketing, advertising, and social media partners.
5. Background check and verification services.
6. Analytics and data analysis providers.
7. Security and surveillance service providers.
8. Customer service and support providers.

These service providers are contractually obligated to use your Personal Information only for the purposes of providing services to us and to protect your information in accordance with this Policy and applicable law.

1. Comply with applicable law, regulation, legal process, subpoena, court order, or governmental request.
2. Enforce our agreements, policies, terms of service, or rental agreements.
3. Protect the security or integrity of our Services, Markets, or Site.
4. Protect our rights, property, or safety or the rights, property, or safety of our users, vendors, visitors, staff, or others.
5. Respond to claims of violation of third-party rights.
6. Detect, prevent, or investigate fraud, security breaches, or illegal activities.

1. Essential Cookies. Necessary for the Site to function properly and provide core features. These cookies enable basic functions like page navigation, access to secure areas, and maintaining your session. The Site cannot function properly without these cookies.
2. Analytics Cookies. Used to understand how visitors interact with our Site, including which pages are visited most often, how long visitors spend on each page, and whether visitors encounter error messages. This information helps us improve Site performance and user experience.
3. Marketing Cookies. Used to deliver targeted advertisements, track the effectiveness of marketing campaigns, and understand your interests. These cookies may track your browsing activity across multiple websites.
4. Functionality Cookies. Used to remember your preferences and settings, such as language preferences or region, to provide a more personalized experience.

1. Administrative Safeguards. Employee training, confidentiality agreements, access controls, and security policies and procedures.
2. Technical Safeguards. Encryption of sensitive data in transit and at rest, firewalls, secure server infrastructure, intrusion detection systems, and regular security assessments.
3. Physical Safeguards. Restricted access to facilities where Personal Information is stored, surveillance systems, and secure disposal of physical records.

1. Access. You may request access to the Personal Information we hold about you and request a copy of such information.
2. Correction. You may request correction of inaccurate or incomplete Personal Information.
3. Deletion. You may request deletion of your Personal Information, subject to legal and contractual retention requirements.
4. Opt-Out of Newsletters. You may opt out of receiving newsletters or marketing communications from us as described below.

1. Email Marketing. You may opt out of receiving our Newsletter or marketing emails by clicking the “unsubscribe” link in any Newsletter or marketing email or by contacting us at info@swap-o-rama.com or 708-344-7300.
2. SMS Marketing. You may opt out of SMS marketing messages as described in Article 4, Section V.
3. Postal Mail Marketing. You may opt out of receiving marketing materials by postal mail by contacting us at info@swap-o-rama.com or 708-344-7300 or writing to us at 1132 South Wabash Avenue, Suite 201 Chicago, IL 60605, Attention: Privacy Officer.
4. Effect of Opt-Out. After you opt out, we will not send you further marketing communications of that type.

1. Right to Know. You may request information about the categories and specific pieces of Personal Information we have collected about you, the sources from which we collected such information, the purposes for which we use such information, and the categories of third parties with whom we share such information.
2. Right to Delete. You may request deletion of Personal Information we have collected about you, subject to certain exceptions for legal, regulatory, contractual, and operational reasons.
3. Correction of Inaccurate Information. You may request that we correct inaccurate Personal Information about you.
4. Telemarketing Opt-Out. You have the right to opt out of telemarketing and text marketing communications as described in Article 4, Section V and Article 5.
5. Security Breach Notification. You have the right to be notified of security breaches involving your Personal Information as described in Article 9, Section III.
6. Access to Personal Information. You may request access to and copies of Personal Information we maintain about you.

1. Right to Know. You may request information about the categories and specific pieces of Personal Information we have collected about you, the sources from which we collected such information, the purposes for which we use such information, and the categories of third parties with whom we share such information.
2. Right to Delete. You may request deletion of Personal Information we have collected about you, subject to certain exceptions for legal, regulatory, contractual, and operational reasons.
3. Correction of Inaccurate Information. You may request that we correct inaccurate Personal Information about you.
4. Telemarketing Opt-Out. You have the right to opt out of telemarketing and text marketing communications as described in Article 4, Section V and Article 5.
5. Security Breach Notification. You have the right to be notified of security breaches involving your Personal Information as described in Article 9, Section III.
6. Access to Personal Information. You may request access to and copies of Personal Information we maintain about you.

1. Emailing us at info@swap-o-rama.com.
2. Calling us at 708-344-7300.
3. Writing to us at: Plutus Swap-O-Rama LLC Attn: Privacy Officer/Privacy Requests 1132 South Wabash Avenue, Suite 201, Chicago, IL 60605. Please include your name, contact information (email address, telephone number, and mailing address), and a detailed description of your request. We may require additional information to verify your identity before responding to your request.

1. Update the “Last Updated” date at the top of this Policy.
2. Post the revised Policy on our Site at www.swap-o-rama.com/privacy-policy.
3. Provide notice through our Site, email, text message, or other reasonable means as appropriate under the circumstances.

1. Develop and make publicly available a written policy establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. 740 ILCS 14/15
2. Provide separate written notice to you that biometric identifiers or biometric information are being collected or stored, the specific purpose and length of term for which such identifiers or information are being collected, stored, and used. 740 ILCS 14/15
3. Obtain a separate written release executed by you before collecting, capturing, or otherwise obtaining your biometric identifiers or biometric information. 740 ILCS 14/15
4. Comply with all requirements of the Illinois Biometric Information Privacy Act. 740 ILCS 14/15

1. Request access to and copies of Personal Information we maintain about them.
2. Request correction of inaccurate or incomplete Personal Information.
3. Request deletion of Personal Information, subject to legal and contractual retention requirements.
4. Opt out of marketing communications as described in Article 11.
5. Not be discriminated against for exercising any of these rights.

1. We obtain your express written consent before sending marketing text messages to your mobile telephone number.
2. We honor opt-out requests and maintain an internal do-not-contact list.
3. We do not use automated telephone dialing systems for marketing purposes without your prior express written consent.
4. We provide clear identification and contact information in marketing communications.
5. We restrict calling times to reasonable hours as permitted by Florida law.

1. Request access to and copies of Personal Information we maintain about them.
2. Request correction of inaccurate Personal Information.
3. Opt out of telemarketing and text marketing communications as described in Article 4, Section V and Article 5.
4. Receive notice of security breaches involving their Personal Information.

1. The photography, video recording, audio recording, and live streaming provisions set forth in Article 3.
2. The consent, release, and waiver of rights provisions set forth in Article 3, Section IV.
3. The SMS messaging consent provisions set forth in Article 4, including consent to receive operational text messages as a condition of the vendor rental agreement.
4. All other terms and conditions of this Policy.
5. The Illinois-specific and Florida-specific provisions set forth in Articles 17 and 18, as applicable to the location of the Markets at which the Vendor participates.

1. The public nature of our Markets and the absence of any reasonable expectation of privacy at our Markets.
2. The photography, video recording, audio recording, and live streaming provisions set forth in Article 3.
3. The consent, release, and waiver of rights provisions set forth in Article 3, Section IV.
4. All other terms and conditions of this Policy applicable to Visitors.