Apex Fun Run, LLC Privacy Policy

Effective Date:  October 22, 2025

Our Commitment to Your Privacy

Apex Fun Run, LLC and its affiliates (collectively, the “Company”) is sensitive to the privacy concerns of our Participants, their parents or legal guardians, donors and educational institutions. We are providing this notice to help you better understand why and how we collect certain personal information, the care with which we treat that information, and how we use that information.

This Privacy Policy applies to the websites www.apexleadershipco.com and www.myapexevent.com (each, a “Website” or “Site” and collectively, “Websites” or “Sites”). The Company may update this Privacy Policy from time to time, so please check back for updates as they will govern the use of information collected on the Sites. While we require our franchisees to adhere to the principles and practices outlined in this Privacy Policy when handling personal information, each franchisee operates as an independent business. As such, we do not control and are not responsible for the privacy practices of our franchisees. We obligate our franchisees, through contractual agreements, to use personal information only for the purposes permitted under this Privacy Policy and applicable law.

Collection of Personal Information

We inform participants in our events (“Participants”), their parents or legal guardians, donors, and educational institutions of the purpose of collecting their personal information at the time we collect such information. In connection with collecting such information, we may require each Participant, parent or legal guardian, donor and educational institution to certify that such information is accurate and up-to-date. Any personal information that we collect will be stored at our headquarters or with our storage service providers. Such personal information will later be archived upon completion of all logistics related to the applicable event.

Sources of Personal Information

We collect and maintain personal information from various sources, such as: 

• Information we receive from public sources, third parties, or directly from Participants, parents or legal guardians, donors, and educational institutions;
• Information captured on our Website or any affiliated website, including registration information, information provided through online forms and any information captured via “cookies.”
• Information we receive from individuals via our Website, in conversations over the telephone, in voicemails, text messages, through written correspondence, via email and other electronic communications,
• Information we receive from our franchisees or from contractors, vendors, or organizations that provide services on our behalf; 
• Information from transactions with us or others from payment processors, including, for example: bank account number, information included in a check, and/or financial information (including credit or debit card number and/or any other type of payment information)

Such personal information includes, but may not be limited to, Participants’ first and last names, homeroom teachers, and grade level at an educational institution. In our agreements with educational institutions, we require that they refrain from providing us with student records, other than any student records that qualify as “directory information” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations.

Disclosure of Information

We may disclose personal information to our related companies, subsidiaries, affiliates, officers, directors and employees and to certain nonaffiliated third parties as permitted by law and in accordance with any agreements between individuals and the Company, including:

• Other service providers to the Company that process information on our behalf, such as our payment processors (under the Refund Policy section below) accounting, legal, consulting, administration, auditing or tax preparation services;
• Any successor to all or part of our business;
• With respect to personal information regarding donors, to applicable Participants and their parents or legal guardians;
• Banks and other financial institutions acting as depositories for, or lenders or providers of financing to, the Company or its franchisees; and
• Government agencies, regulatory authorities, courts, law enforcement, and the like in response to a formal request.

We also may provide or otherwise make available personal information to franchisees, such as in relation to the operation of our business or support of their businesses. In some instances, franchisees perform services on our behalf like a vendor would, and this requires us to provide them with personal information. In some instances, however, you may independently interact with and otherwise independently provide personal information to franchisees, and in such cases, we are not responsible or liable for such franchisees’ processing of your personal information.

Purpose of Information

We collect and maintain personal information for certain business purposes, including:

• To allow Participants, school representatives, and/or donors to send non-encrypted e-mails to third-parties such as friends and family informing them of their participation in an Apex event and giving such individuals the opportunity to donate funds;
• To provide curated content to Participants’ parents or legal guardians, donors, and educational institutions while using our platform as well as location customization and personalized help and instructions;
• To provide customer service;
• To communicate with Participants, their parents or legal guardians, donors, and educational institutions regarding the Apex event and their payment status;
• To provide marketing and promotional information, including to send news and promotions to email addresses provided, or to otherwise contact users about information the Company believes may interest them; 
• To assist with advertising on nonaffiliated third-party platforms; and
• To optimize efficiency and performance of the Sites and to research and analyze user traffic on our platform at the aggregate and individual levels for purposes that include, among others, improving functionality and responding to user desires and preferences.

Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies and pixels (collectively, “Cookies”). Cookies are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets). You can choose to opt-out of certain cookies in our consent management platform.

We use Cookies to:

• Estimate audience size and usage patterns;
• Understand and save your preferences for future visits, allowing us to customize the Sites and Services to your individual needs;
• Advertise new content and services that relate to your interests;
• Keep track of advertisements and search engine results;
• Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
• Recognize when you return to the Sites.

We set some Cookies ourselves, while separate entities set other Cookies. We use Cookies other entities set to provide us with useful information, to help us improve our Sites and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook, Hubspot, and other similar companies.

How You Can Opt Out of Cookies

Browser Settings

You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Sites.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Platform Controls

You can opt out of certain Cookies set by specific entities by following the instructions found at these links:

• Facebook: https://www.facebook.com/about/ads
• Google: https://adssettings.google.com

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

Pixels

Pixels are small transparent images embedded in a website, email or ad. We may use pixels and other tracking technologies on our website to automatically collect information about a users’ browsing habits to analyze user activity, optimize the Sites and deliver a customized user experience. You may block tracking pixels by adjusting your browser privacy settings or installing a browser extension or ad-blocking extension for pixels.

Other Types of Collecting Activities

The Sites and Services may use Cookies third-party vendors provide to collect information on user behavior (e.g., screens and pages visited, buttons and links clicked, limited information entered, and user taps, key strokes and mouse movements). This information enables us to monitor and improve the user experience.

Do Not Track

We do not currently respond to “Do-Not-Track” signals or mechanisms.

SMS Marketing

By providing your phone number and submitting our online form, or clicking on “I Agree” or “Sign Up” you consent and agree to opt-in to receive text messages. Message frequency depends on the marketing offers we provide. You may opt out of receiving text messages by texting “Stop” at the end of any message you receive, or you can opt out of these communications by contacting us at info@apexfunrun.com,and sharing the phone number that you would like to opt out. You may also reply “Help” for help. Messaging and data rates may apply. If you have consented to receive text messages, you may receive messages related to the following: first-time workouts, special events or workshops, follow-up messages, billing inquiries, promotions or offers.

We may disclose your SMS opt-in or consent status, with third parties, franchisees or marketing affiliates that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We will not share or sell your phone number, your opt-in to the SMS with third parties for their direct marketing purposes or for purposes unrelated to our services or Site.

Refund Policy

In order to contribute to an Apex event, individuals who donate to an Apex event (the “Donor”) will be required to provide the Company with information regarding such Donor’s credit card or other payment instrument (“Payment Instrument”). Donors represent and warrant to the Company that such information is true, correct and accurate and that such Donor is authorized to use the applicable Payment Instrument. Donors agree that all donations are final and will not be refunded unless the Company, in its sole discretion, agrees to issue a refund. The Company uses HeritagePay, Wepay or Square to bill Donors through their respective Payment Instrument for any donations made, and Donors acknowledge that by contributing a donation to an Apex event, such Donor agrees to the processing, use, transfer or disclosure of data by HeritagePay, Wepay or Square pursuant to the Company’s Terms & Conditions and the respective terms and privacy policies of these third parties.

Payment Security

When a user donates through a Site, all of such user’s payment information, including credit card number and billing address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes the user’s browser to encrypt such user’s payment information before transmitting it to the Company’s secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of the Company’s Site from capturing and viewing users’ personal information. While the Company uses industry standard means to protect its Sites and users’ information, the Internet is not 100% secure. The measures the Company uses are appropriate for the type of information the Company collects. The Company cannot promise that users’ use of the Company’s Site will be completely safe. The Company encourages users to use caution when using the Internet.

Information Security

We consider the protection of sensitive information to be a sound business practice, and to that end we employ physical, electronic and procedural safeguards, which seek to protect non-public personal information in our possession or under our control. Participants, their parents or legal guardians, donors, and educational institutions have the right to review any personal information we have of such person or entity. Participants, their parents or legal guardians, donors, and educational institutions may submit a written request by email to info@apexfunrun.com to remove such person’s or entity’s personal information from our records and to terminate the Company’s further use of such person’s or entity’s personal information, unless such person or entity provides its personal information at a later date after submitting such request.

Retention

We retain data collected from you only for as long as necessary to complete the purpose for which it was collected, or as required by law or for clients, in accordance with our professional obligations. We take measures to delete your personal information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the nature and length of our relationship with you, mandatory retention periods provided by law and the statute of limitations, our relationship with you, and the impact on us if we delete some information from or about you.

Updates

We reserve the right to change our privacy practices and this Privacy Policy at any time. We will update the date at the top of this Privacy Policy so you are aware of the latest version of this Privacy Policy. Should material changes be made, we will post a notice on this Site, so we recommend that you check this page when you use the Site. The examples contained within this Privacy Policy are illustrations only and are not intended to be exclusive.

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PRIVACY NOTICE SUPPLEMENT FOR CALIFORNIA RESIDENTS

This notice supplements the Privacy Policy set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 and its regulations, as amended by the California Privacy Rights Act (the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth above in the Privacy Policy.

Categories of Personal Information We Collect

We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:

• Identifiers, such as first and last name, contact details and address (including physical address and email address);
• Sensory Data, such as photo uploaded by you;
• Other records, such as telephone number, bank account number and other financial information (including credit card number and any other type of payment information);
• Education information, such as Participants’ names, teachers and grade level at an elementary, middle school or secondary educational institutions; and
• Internet or other electronic network activity information, such as information you provide to us when you correspond with us.

Within the last twelve (12) months, we have shared each of the categories of personal information collected with third-party service providers as set forth in “Disclosure of Information” in this Privacy Policy, and we collect personal information from the sources set forth in “Sources of Personal Information” in the Privacy Policy above.

Purposes for Collecting Personal Information

We may collect or share the personal information we collect about you for one or more of the business purposes set forth in the Purpose of Information section above, including:

• performing services to you, including, but not limited to:
• • the administrative processes (and related communication) in registering Participants and corresponding with such Participants;
  • ongoing communication with schools, staff, parents and prospective participants during the process of coordinating the event;
  • ongoing operations, administrative, accounting, reporting, account maintenance and other processes and communication required to operate the business, including customer service, processing transactions, verifying personal information and processing donations;
  • keeping prospective participants, their parents or legal guardians, donors and educational institutions and Participants informed about upcoming events sponsored by Apex Fun Run, LLC (the “Company”);
  • auditing and verifications related to Participant interactions, including, but not limited to, verifying the quality and effectiveness of services;
  • detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity; and
  • complying with U.S., state, local and non-U.S. laws, rules and regulations.

Sale, Sharing, and Disclosure of Personal Information

The CCPA defines “sale” as the transfer of personal information for monetary or other valuable consideration. Although we do not “sell” personal information as that term may be commonly interpreted, we engage in online activities that may constitute a sale or a share of personal information under California law. This may include showing you targeted or customized advertisements on other websites. You may opt out of the selling or sharing of your personal information by clicking on our cookie settings or by contacting us at info@apexfunrun.com.

Deletion Rights : You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations.

Data Correction: You have the right to request corrections of any inaccuracies in your personal information.

Disclosure and Access Rights : You have the right to request that we disclose to you certain information regarding our collection, use, disclosure and sale of personal information specific to you over the last twelve (12) months. Such information includes:

• The categories of personal information we collected about you;
• The categories of sources from which the personal information is collected;
• Our business purpose for collecting such personal information;
• Categories of third parties with whom we share the personal information;
• The specific pieces of personal information we have collected about you; and
• Whether we disclosed your personal information to a third party, and if so, the categories of personal information that each recipient obtained

No Discrimination:  We will not discriminate against you for exercising your rights under the CCPA, including by denying service or suggesting that you will receive, or providing, a different level or quality of service to you.

How to Exercise Your Rights

To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request using any of the methods set forth below.

If you would like to contact us by telephone without incurring telephone charges, please submit your request and telephone number by email at info@apexfunrun.com, and we will call you.

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request. We will inform you in writing if we cannot meet that timeline. Please contact Apex Fun Run, LLC at the contact information above with any questions or concerns about this Privacy Policy.

Your State Privacy Rights

Other states, including Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether we are processing your personal information, access to that information and to receive a copy of your personal information.
• Correction of your personal information that is inaccurate.
• Deletion of your personal information.
• Opt out of the processing of your personal information for the purposes of providing you with targeted advertising.

Oregon residents may request a list of the third parties with whom we share personal information.

Other than as set forth in this Privacy Policy we do not collect or process personal information that may be considered "sensitive" and subject to the laws in Colorado, Connecticut, Montana, Oregon, Texas, Utah or Virginia. We do not use personal information for profiling in furtherance of decisions that produce legal or similarly significant effects for a consumer.

Under the Nevada Revised Statutes Chapter 603A, we do not currently engage in the “sale” of personal information.

The exact scope of these rights may vary by state. To exercise any of these rights, or to appeal a decision regarding a consumer rights request please contact us at  info@apexfunrun.com,with “Privacy” in the subject line.