Smith Oil INC. PRIVACY POLICY

Effective date: July 20th, 2020

Privacy Statement

Smith Oil Inc., its affiliates and subsidiaries (“Smith Oil”, “Company”, “we,” “us,” and “our”) recognize and respect the importance of protecting the privacy of our customers and visitors to this website, including our software application (the “App) (collectively, the “Site”). For that reason, Smith Oil wants you to know how we collect, use and disclose information.

##Scope of This Policy This Policy applies only to information (1) collected through this Site or (2) collected from our text messaging programs (our “text programs”). This Policy does not apply to information collected through other channels, such as our mobile application, in-person, on paper and/or by phone. To have the ability to let you know of discounts, programs, etc., Smith Oil collects certain information about or related to you through this Site and/or our text programs. Some of the information we collect may be “personal information”—that is, information that identifies you personally, alone or in combination with other information that is made available to us. Other information may not identify you personally, such as your IP address.

##Your Consent By using this Site and/or by opting into our text programs, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy. If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy, you may not use this Site and you should not opt in to our text programs. If you have questions about this Policy, please contact us by e-mail at https://smithoilinc.com/contact/

##Your Choices We respect your right to make choices about the ways Smith Oil collects, uses, and discloses your information. This Policy describes some of your choices, such as your choice to opt-out of receiving information from Smith Oil (“cookies”). Smith Oil may ask you to tell us your choices at the time and on the page where you provide your information. Email/Text preferences. You can opt-out of promotional emails Smith Oil sends you at any time. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication. If you opt-out of receiving promotional e-mails from Smith Oil, you may still receive transactional communications, such as emails regarding purchases. You may also reply “STOP” to any text message we send you to opt-out of our text programs. Do Not Track Mechanisms. Your browser may deliver a “Do-Not-Track (‘DNT’) signal.” Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, Smith Oil cannot guarantee that the Company will honor DNT signals. Previously Expressed Preferences/Choices. You may be able to change previously expressed preferences/choices regarding how we use your information. Please email us at [email protected] if you want to change your preferences/choices.

Smith Oil’s Policy May Change

Smith Oil reserves the right to update or change this Policy at any time and without prior notice by posting its revised version of the Policy on this App. Your continued use of this Site following any such change means you have agreed to the terms as of the revised Policy. You may access the current version of this Policy at any time by clicking on the link marked “Privacy” at the bottom of each page of the public areas of this App.

Information Smith Oil Collects

Information You Manually Provide. Smith Oil collects the information you manually provide (using your keyboard, mouse, mobile phone, voice or touchpad) when you use this Site or participate in our text programs. For example, we collect the information you provide when you email us with questions, purchase gift cards, participate in any of our loyalty programs, express interest in a franchise, respond to our surveys, enter our contests, complete any of our online forms or otherwise communicate with us or interact with this App. Some of the information you manually provide may be personal information, such as your name, birthdate, demographic information, contact information and billing information. You may also provide us information about other people, for instance, when you direct us to send a gift card. Information from Third-Party Social Media Platforms. You may be able to register with, log on to, or update your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. Smith Oil will treat that information as it does for any other information you give to us when you register, log on, or update your profile. Information from your browser or device. Smith Oil collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, the type of device you are using, the website that referred you to our website, and the pages you visit. The information Smith Oil receives may depend on your browser or device settings. The information Smith Oil receives from your web browser and device may or may not be, in and of itself, personally identifiable. Generally, Smith Oil uses this information as a whole to help us improve this Site and make it more compatible (“user friendly”) with the technology used by our visitors. However, Smith Oil may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes—for example, to detect intrusions into our network—and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative government authorities who could use that information to trace and identify you. Information Collected by Cookies and Other Technologies. Smith Oil uses “cookies” and other technologies (such as web beacons, java scripts, and entity tags) to collect information and support certain features of this App. For example, Smith Oil may use these technologies to: • collect information about the ways visitors use this App—which pages they visit, which links they use, and how long they stay on each page; • support the features and functionality of this App—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; • personalize your experience when you use this App; and/or • improve our marketing efforts, including through use of targeted advertising. The information we collect using cookies and similar technologies may or may not be, in and of itself, personally identifiable, but Smith Oil may link it to personal information that you previously provided. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer or mobile device. Although you are not required to accept cookies when you visit this App, you may be unable to use all of the functionality of this Site if your browser rejects Smith Oil’s cookies.

Information About Third-Party Cookies

In addition to the cookies Smith Oil delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Site. To learn more about Google Analytics, click here. Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online choices/behaviors over time and across non-affiliated websites and/or delivering targeted advertisements either on this Site or on other platforms. You have choices about the collection of information by third parties on our App. For example, if you do not want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that by doing this Add-on will not prevent information being sent to Smith Oil. In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to this Site or other websites, please click here. You will be directed to an industry-developed website that contains ways/mechanisms for choosing whether each listed entity may collect and use data for online choice/behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

How We Use Your Information

Generally, we use the information we collect through this Site and our text programs: • to provide the information, products and services you request; • to process your purchases or requests for products and services; • to provide you with effective and satisfactory customer service; • to provide you with a personalized experience when you use this Site; • to contact you with information and notices related to your use of this Site or our text programs; • to contact you with special offers and other information we believe will be of interest to you or to share with you special offers from other companies (in accordance with any privacy preferences you have expressed to us); • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us); • to improve the content, functionality and usability of this Site; • to better understand your needs and interests; • to improve our products and services; • to improve our marketing and promotional efforts; • to administer and improve our loyalty programs; • for security, credit or fraud prevention purposes; • to communicate with you about purchases, returns, services, accounts, programs, contests and sweepstakes; • deliver gift cards in accordance with your instructions; and • for any other purpose identified in an applicable click-through agreement or other agreement between you and us.

How We Share Your Information

With Third–Party Vendors. Smith Oil shares information collected through this Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; to process your credit card and deliver products you have purchased; to administer contests, sweepstakes or events; and/or to help us with our promotional efforts and loyalty programs. These third-party vendors may need information about you to perform their functions. With Smith Oil’s and other affiliates. We may share your information with our other affiliated companies in order to provide you with effective customer service and to make sure our programs and promotions are provided without problems throughout our organization and with our franchisees. With Other, Carefully Selected Business Partners. From time to time, Smith Oil may share your information with selected third parties for their own marketing purposes. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law. In Aggregate or De-Identified Form. We use information collected through this Site to create a compiled and combined view of usage patterns. We may share aggregate information with third parties. As Part of a Business Transfer. Your information may be transferred to another company if, for example, we transfer the ownership or operation of this Site or our text programs to another company or if we merge with another organization. If such a transfer occurs, the successor company’s use of your information will still be subject to this same Policy and the privacy preferences you have already expressed to us. To Comply with Laws and Protect Our Rights and the Rights of Others. Smith Oil may disclose your information when it, in good faith, believes disclosure is necessary to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce any agreement between you and us; or to protect Smith Oil’s own rights or property or the rights, property or safety of our users or others. As Described in a Privacy Notice or Click-through Agreement. Smith Oil reserves the right to disclose your information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your information on that page, you will be consenting to the disclosure of your information as described in that privacy notice. Smith Oil also reserves the right to disclose your information as described in any click–through agreement to which you have consented. Also, Smith Oil may also share information about you with third-parties if you give us permission or direct us to share the information.

How We Protect Your Information

Smith Oil takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, the Company cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.

Children’s Privacy – Minimum Age

You must be at least 13 years old to have our permission to use this Site or our text programs. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, you can use this service only after you have been given permission by your parent or guardian.

Links to Other Platforms

This Policy applies only to this Site and to our text programs. If you visit another Smith Oil-affiliated website or mobile application, please take a moment to review the privacy policy posted on that site to learn what information may be collected through that site and how it is processed. This Site may also contain links to websites that are not operated by Smith Oil, even if they feature Smith Oil’s trademarks, logos, and other brand indicators. For example, if you click on the “Working With Us” tab on this Site and follow links to apply for open positions, you will be directed to a website owned and operated by a third party. Any information you provide to third parties on their websites is covered under their specific privacy and data collection policies and is not covered by Smith Oil’s Policy. We strongly recommend that you review the privacy policy posted on any site you visit before using the site or providing any personal information.

Retention of Personal Information

Smith Oil generally retains the information collected on this Site as long as necessary to provide the services, products and information you request or as permitted by applicable law.

California Residents

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Smith Oil to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to https://smithoilinc.com/contact/

Governing Law, Jurisdiction and Venue

This Policy will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. We retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Policy is taking place or originating.

Questions About This Policy or Smith Oil’s Data Practices

If you have questions or concerns about this Policy or Smith Oil’s data practices, please contact us by email at https://smithoilinc.com/contact/.

Preview: Terms of Use Thank you for using this service, which is owned by Smith Oil Stores, Inc. (“Smith Oil,” “we,” “us,” or “our”).

Effective Date: July 20th, 2020

1. Your Acceptance of These Terms of Use These terms of use (“Terms of Use”) govern the use of all Smith Oil owned platforms, including our website and our software application (the “App”) (collectively, this “Site”). By using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site. In order to use the Site, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms of Use, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. You also warrant that any registration information that you submit to Smith Oil is true, accurate and complete, and you agree to keep it that way at all times.
2. Your Acceptance of Our Privacy Policy By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.
3. Your Consent to Other Agreements When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend this these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
4. Ownership of this Site and its Content This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Smith Oil or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
5. License The Smith Oil Site and the Content provided through it are property of Smith Oil or Smith Oil’s licensors, and we grant you a limited, non-exclusive, revocable license to make personal, non-commercial use of the Site (the “License”). This License shall remain in effect for a period of 20 years unless terminated by you or Smith Oil. All Smith Oil trademarks (whether registered or not), product names, company names, logos, service marks trade dress and/or domain names, and any other features of the Smith Oil brand (the “Smith Oil Marks”) are the sole property of Smith Oil. All other trademarks, product names, company names, logos, service marks, trade dress and/or domain names mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Smith Oil Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, trade dress and/or domain names of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Smith Oil Marks or other trademarks, product names, company names, logos, service marks, trade dress and/or domain names or any other materials contained herein, except as permitted herein, is expressly prohibited. The Smith Oil software applications are licensed, not sold, to you, and Smith Oil retains ownership of all copies of the Smith Oil software applications even after installation on your mobile devices. Smith Oil may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-license your rights under this License, to any third party. Smith Oil may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party.
6. Your Feedback The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

##7. Your Obligations In consideration of your use of this Site, you agree that to the extent you provide personal information to Smith Oil, it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent you create an account through this Site, you understand and agree that any account you create, including your username and, if applicable, password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and, if applicable, password and are fully responsible for all activities that occur under your username and, if applicable, password by you or by anyone else using your username and, if applicable, password, whether or not authorized by you. If your account has a password, you agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, if applicable, by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

1. Gifts You may have the ability from time to time to purchase Subscriptions for other people through the Services (“Gifts”). Gifts are not refundable or redeemable for cash, unless required by applicable law. Gifts must be redeemed for purchases through the Services in accordance with our then-current procedures for redemption, which may require the recipient to create their own account and agree to these Terms in order to redeem the Gift. GIFTS THAT ARE MONTHLY SUBSCRIPTIONS ARE SUBJECT TO THE AUTO RENEWAL TERMS IN SECTION 10 AND THE CANCELLATION POLICY IN SECTION 11.
2. Payment and Billing Information By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Subscription, you can do so at any time by logging into your account and editing your payment information. All prices shown for the Subscription are in U.S. dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your Subscription in accordance with the cancellation policy set forth in Sections 11.
3. FUEL PAY – TERMS OF USE What these terms cover. These terms apply specifically to your use of the Smith Oil “Pay@Pump” service via the Smith Oil Loyalty App, Smith Oil (“Pay@pump Service”). The Smith Oil Apps terms of use also apply generally to your use of the Smith Oil Loyalty App and your use of the Smith Oil Pay@Pump Service. Acceptance of terms. By using the Smith Oil Pay@Pump Service, you confirm that you accept these terms and you agree to comply with them. If you do not agree to these terms, you must not use the Smith Oil Pay@Pump Service. Who it is for. The Smith Oil Pay@Pump Service.is for consumers residing in Florida who wish to pre-pay for fuel at a participating Smith Oil Pay@Pump Service gas station via the Smith OilLoyalty App. How the Smith Oil Pay@Pump Service. works. 4.1 You may purchase fuel using the Smith Oil Pay@Pump Service at participating gas stations. 4.2 After you have parked your vehicle beside a Smith Oil Pay@Pump Service compatible fuel pump and switched off the vehicle’s engine, you may access the Smith Oil Pay@Pump Service on the Smith Oil Loyalty App. 4.3 You will be prompted to confirm that you are located at a participating Smith Oil Pay@Pump Service gas station. 4.4 Once you have confirmed your location, you select the code of the fuel pump at which you are parked. It will be marked on the pump dispenser. e.g 01014.5 You then select the fuel type, and the amount in USD of fuel, that you wish to purchase. 4.6 You then select the method of payment. You have the option of storing payment card details to use with the Smith Oil Pay@Pump Service in the future. 4.7 Once you have confirmed the payment method, the fuel pump will be released for use and you can start dispensing fuel. Risk in the fuel passes to you when you lift the pump and start dispensing the fuel. 4.8 You may cancel a Smith Oil Pay@Pump Service transaction up until the point that you lift the pump and start dispensing fuel. A Smith Oil Pay@Pump Service transaction will be cancelled automatically if you do not lift the pump and start dispensing fuel within 90 seconds after confirming the payment method. 4.9 When the amount in USD of fuel that you have selected during aSmith Oil Pay@Pump Service transaction has been dispensed the fuel pump will automatically stop dispensing fuel. 4.10 If you dispense less fuel than the amount in USD of fuel that you have selected during a Smith Oil Pay@Pump Service transaction, you will only be charged for the amount of fuel dispensed. 4.11 If you:4.11.1 cancel a Smith Oil Pay@Pump Service transaction; or4.11.2 dispense less fuel than the amount (in USD) of fuel that you have selected during a Smith Oil Pay@Pump Service transaction, a hold may be placed by your payment card issuer on any amount that you have pre-authorised during a Smith Oil Pay@Pump Service transaction but has not been charged by us. You card issuer can advise on the applicable pre-authorisation procedures. 4.12 You will be issued with a digital receipt in respect of fuel purchased using the Smith Oil Pay@Pump Service. User restrictions and access.5.1 You must be 18 years of age or older to use the Smith Oil Pay@Pump Service. 5.2 You must download the Smith Oil Loyalty App and create or already hold a Customer Account to use the Smith Oil Pay@Pump Service. 5.3 You must not access or use the Smith Oil Pay@Pump Service whilst driving. 5.4 You must allow the Smith Oil Loyalty App to access to your smartphone’s location in order to use the Smith Oil Pay@Pump Service. 5.5 You must only use the Smith Oil Pay@Pump Service.at a participating Smith Oil gas stations while you are still in your vehicle. 5.6 You must provide a valid payment method in order to use the Smith Oil Pay@Pump Service. 5.7 You must not use a debit/credit card as a payment method with the Smith Oil Pay@Pump Service without the consent of the owner of the card. Cost. The Smith Oil Loyalty App and the Smith Oil Pay@Pump Service are provided to our customers free of charge. Access to the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service may require your smartphone to have an internet connection and you are responsible to your mobile carrier or internet service provider for any data or internet charges incurred by you in accessing the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service. We may suspend or withdraw the Smith Oil Loyalty App or the Smith Oil Pay@Pump Service. We do not guarantee that the Smith Oil Loyalty App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Smith Oil Loyalty App or the Smith Oil Pay@Pump Service for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.8. Termination. You have the right to stop using the Smith Oil Pay@Pump Service at any time. Changes to terms We may need to change the Smith Oil Pay@Pump Service terms of use from time to time and you will be notified through the Smith Oil Loyalty App if we do so. If you do not accept the notified changes you will not be permitted to continue to use the Smith Oil Loyalty App and the Smith Oil Pay@Pump Service.
4. DISCLAIMERS WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Smith Oil, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Smith Oil, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). Smith Oil DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED Smith Oil SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
5. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF EMPLOYMENT; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
6. Links to Third-Party Websites This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Smith Oil shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
7. Modification and Discontinuation We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
8. Waiver Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Smith Oil of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
9. Severability If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
10. Governing Law, Jurisdiction and Venue These Terms of Use will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. We retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
11. Indemnity You agree to indemnify and hold Smith Oil, its subsidiaries, franchises and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
12. These Terms of Use May Change These Terms of Use are current as of the effective date set forth above. Smith Oil reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
13. Entire Agreement These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Smith Oil with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Smith Oil with respect to this Site and your use of this Site.
14. Definitions The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including Feedback. The terms “Smith Oil,” “we,” “us,” and “our” refer to Smith Oil Inc. The term “Feedback” refers to all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site. The term “including” means “including, but not limited to.” The term “Site” refers to any platform owned by Smith Oil on which these Terms of Use are posted, including our website and our App.

##26. Questions If you have any questions about this Site or these Terms of Use, please contact us using the following information: COPYRIGHT © 2020 Smith Oil.

Smith Oil INC. PRIVACY POLICY Effective date: July 20th, 2020

Privacy Statement Smith Oil Inc., its affiliates and subsidiaries (“Smith Oil”, “Company”, “we,” “us,” and “our”) recognize and respect the importance of protecting the privacy of our customers and visitors to this website, including our software application (the “App) (collectively, the “Site”). For that reason, Smith Oil wants you to know how we collect, use and disclose information.

##Scope of This Policy This Policy applies only to information (1) collected through this Site or (2) collected from our text messaging programs (our “text programs”). This Policy does not apply to information collected through other channels, such as our mobile application, in-person, on paper and/or by phone. To have the ability to let you know of discounts, programs, etc., Smith Oil collects certain information about or related to you through this Site and/or our text programs. Some of the information we collect may be “personal information”—that is, information that identifies you personally, alone or in combination with other information that is made available to us. Other information may not identify you personally, such as your IP address.

##Your Consent By using this Site and/or by opting into our text programs, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy. If you do not consent to the collection, use, disclosure and transfer of your information as described in this Policy, you may not use this Site and you should not opt in to our text programs. If you have questions about this Policy, please contact us by e-mail at https://smithoilinc.com/contact/

##Your Choices We respect your right to make choices about the ways Smith Oil collects, uses, and discloses your information. This Policy describes some of your choices, such as your choice to opt-out of receiving information from Smith Oil (“cookies”). Smith Oil may ask you to tell us your choices at the time and on the page where you provide your information. Email/Text preferences. You can opt-out of promotional emails Smith Oil sends you at any time. If you wish to stop receiving promotional emails, simply select “unsubscribe” located at the bottom of each communication. If you opt-out of receiving promotional e-mails from Smith Oil, you may still receive transactional communications, such as emails regarding purchases. You may also reply “STOP” to any text message we send you to opt-out of our text programs. Do Not Track Mechanisms. Your browser may deliver a “Do-Not-Track (‘DNT’) signal.” Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, Smith Oil cannot guarantee that the Company will honor DNT signals. Previously Expressed Preferences/Choices. You may be able to change previously expressed preferences/choices regarding how we use your information. Please email us at https://smithoilinc.com/contact/ if you want to change your preferences/choices.

Smith Oil’s Policy May Change Smith Oil reserves the right to update or change this Policy at any time and without prior notice by posting its revised version of the Policy on this App. Your continued use of this Site following any such change means you have agreed to the terms as of the revised Policy. You may access the current version of this Policy at any time by clicking on the link marked “Privacy” at the bottom of each page of the public areas of this App.

Information Smith Oil Collects Information You Manually Provide. Smith Oil collects the information you manually provide (using your keyboard, mouse, mobile phone, voice or touchpad) when you use this Site or participate in our text programs. For example, we collect the information you provide when you email us with questions, purchase gift cards, participate in any of our loyalty programs, express interest in a franchise, respond to our surveys, enter our contests, complete any of our online forms or otherwise communicate with us or interact with this App. Some of the information you manually provide may be personal information, such as your name, birthdate, demographic information, contact information and billing information. You may also provide us information about other people, for instance, when you direct us to send a gift card. Information from Third-Party Social Media Platforms. You may be able to register with, log on to, or update your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. Smith Oil will treat that information as it does for any other information you give to us when you register, log on, or update your profile. Information from your browser or device. Smith Oil collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, the type of device you are using, the website that referred you to our website, and the pages you visit. The information Smith Oil receives may depend on your browser or device settings. The information Smith Oil receives from your web browser and device may or may not be, in and of itself, personally identifiable. Generally, Smith Oil uses this information as a whole to help us improve this Site and make it more compatible (“user friendly”) with the technology used by our visitors. However, Smith Oil may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes—for example, to detect intrusions into our network—and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative government authorities who could use that information to trace and identify you. Information Collected by Cookies and Other Technologies. Smith Oil uses “cookies” and other technologies (such as web beacons, java scripts, and entity tags) to collect information and support certain features of this App. For example, Smith Oil may use these technologies to: • collect information about the ways visitors use this App—which pages they visit, which links they use, and how long they stay on each page; • support the features and functionality of this App—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; • personalize your experience when you use this App; and/or • improve our marketing efforts, including through use of targeted advertising. The information we collect using cookies and similar technologies may or may not be, in and of itself, personally identifiable, but Smith Oil may link it to personal information that you previously provided. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer or mobile device. Although you are not required to accept cookies when you visit this App, you may be unable to use all of the functionality of this Site if your browser rejects Smith Oil’s cookies.

Information About Third-Party Cookies In addition to the cookies Smith Oil delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Site. To learn more about Google Analytics, click here. Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online choices/behaviors over time and across non-affiliated websites and/or delivering targeted advertisements either on this Site or on other platforms. You have choices about the collection of information by third parties on our App. For example, if you do not want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that by doing this Add-on will not prevent information being sent to Smith Oil. In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to this Site or other websites, please click here. You will be directed to an industry-developed website that contains ways/mechanisms for choosing whether each listed entity may collect and use data for online choice/behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

How We Use Your Information Generally, we use the information we collect through this Site and our text programs: • to provide the information, products and services you request; • to process your purchases or requests for products and services; • to provide you with effective and satisfactory customer service; • to provide you with a personalized experience when you use this Site; • to contact you with information and notices related to your use of this Site or our text programs; • to contact you with special offers and other information we believe will be of interest to you or to share with you special offers from other companies (in accordance with any privacy preferences you have expressed to us); • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us); • to improve the content, functionality and usability of this Site; • to better understand your needs and interests; • to improve our products and services; • to improve our marketing and promotional efforts; • to administer and improve our loyalty programs; • for security, credit or fraud prevention purposes; • to communicate with you about purchases, returns, services, accounts, programs, contests and sweepstakes; • deliver gift cards in accordance with your instructions; and • for any other purpose identified in an applicable click-through agreement or other agreement between you and us.

How We Share Your Information With Third–Party Vendors. Smith Oil shares information collected through this Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; to process your credit card and deliver products you have purchased; to administer contests, sweepstakes or events; and/or to help us with our promotional efforts and loyalty programs. These third-party vendors may need information about you to perform their functions. With Smith Oil’s and other affiliates. We may share your information with our other affiliated companies in order to provide you with effective customer service and to make sure our programs and promotions are provided without problems throughout our organization and with our franchisees. With Other, Carefully Selected Business Partners. From time to time, Smith Oil may share your information with selected third parties for their own marketing purposes. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law. In Aggregate or De-Identified Form. We use information collected through this Site to create a compiled and combined view of usage patterns. We may share aggregate information with third parties. As Part of a Business Transfer. Your information may be transferred to another company if, for example, we transfer the ownership or operation of this Site or our text programs to another company or if we merge with another organization. If such a transfer occurs, the successor company’s use of your information will still be subject to this same Policy and the privacy preferences you have already expressed to us. To Comply with Laws and Protect Our Rights and the Rights of Others. Smith Oil may disclose your information when it, in good faith, believes disclosure is necessary to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce any agreement between you and us; or to protect Smith Oil’s own rights or property or the rights, property or safety of our users or others. As Described in a Privacy Notice or Click-through Agreement. Smith Oil reserves the right to disclose your information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your information on that page, you will be consenting to the disclosure of your information as described in that privacy notice. Smith Oil also reserves the right to disclose your information as described in any click–through agreement to which you have consented. Also, Smith Oil may also share information about you with third-parties if you give us permission or direct us to share the information.

How We Protect Your Information Smith Oil takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, the Company cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.

Children’s Privacy – Minimum Age You must be at least 13 years old to have our permission to use this Site or our text programs. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. If you are under the age of 13, you can use this service only after you have been given permission by your parent or guardian.

Links to Other Platforms This Policy applies only to this Site and to our text programs. If you visit another Smith Oil-affiliated website or mobile application, please take a moment to review the privacy policy posted on that site to learn what information may be collected through that site and how it is processed. This Site may also contain links to websites that are not operated by Smith Oil, even if they feature Smith Oil’s trademarks, logos, and other brand indicators. For example, if you click on the “Working With Us” tab on this Site and follow links to apply for open positions, you will be directed to a website owned and operated by a third party. Any information you provide to third parties on their websites is covered under their specific privacy and data collection policies and is not covered by Smith Oil’s Policy. We strongly recommend that you review the privacy policy posted on any site you visit before using the site or providing any personal information.

Retention of Personal Information Smith Oil generally retains the information collected on this Site as long as necessary to provide the services, products and information you request or as permitted by applicable law.

California Residents If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Smith Oil to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to https://smithoilinc.com/contact/

Governing Law, Jurisdiction and Venue This Policy will be governed under the laws of the State of Florida without regard to its conflicts of law provisions. We retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this Policy is taking place or originating.

Questions About This Policy or Smith Oil’s Data Practices If you have q@uestions or concerns about this Policy or Smith Oil’s data practices, please contact us by email at.