NFT Brands Inc. Privacy Policy

Definitions

All defined terms in this Agreement with initial capitals have the meaning as set forth in this Section, unless defined elsewhere in this Agreement. Section or Exhibit shall mean a section or exhibit of this Agreement. The singular meaning of a defined term shall have the same meaning as the plural meaning and vis versa.

“Cookie” means a small text file that is stored in your computer’s internet browser when you access and use a website. There are many different types of Cookie. Some Cookies are used to make websites function properly, called “strictly necessary cookies”. Other Cookies, called targeting, functional, or performance Cookies, are used to analyze site performance and traffic, or to tailor advertisements to users. Some Cookies contain unique identifiers about you or your device. When you access and use our Site, we will send that identifier to your device and it will be stored on your device. Your device will send the identifier back to us each time you access and use our Site. A Cookie will be either a “session” Cookie or a “persistent” Cookie: (a) a session Cookies will expire when you stop using our Site and (b) a persistent Cookie will be stored in your device’s web browser, and will remain in use until the expiration date that we set (you can delete a persistent cookie before its expiration date by using the web browser on your device).

“NFT” means a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.

“Personal Data” means any personal information that (i) directly and clearly identifies you (as an example: your name) or (ii) can be used in combination with other information to reasonably identify you (as an example: your gender, age or work address), and (iii) Sensitive Personal Information.

“Sensitive Personal Information” means personal information that is more sensitive in nature. It reveals race, religion, national origin, political opinions, union membership, sexual preferences, sexual orientation, genetic data, and biometric data.

“Site” means any and all NFT Brands Inc websites.

“Web Beacons” means site instrumentation that help to determine the kind of response the online activities generate. Web Beacons may also be used by a third party to monitor a user’s activity on a site. For example, web beacons can document how many times a page has been viewed or how many of the e-mails, requested by visitors, are actually opened. Generally, any electronic image that is part of a web page or html-based e-mail, including ad banners, can act as a web beacon.

Overview

NFT Brands Inc and its subsidiaries and affiliates, headquartered in California (“we”, “our”, or “us”) are committed to maintaining the accuracy and security of the Personal Data of our customer, an individual person, or entity (“you” or “yours”).
This Privacy Policy (“Privacy Policy”) explains:

  • What type of Personal Data we collect;
  • When we collect your Personal Data;
  • How we collect, process and store your Personal Data; How we use your Personal Data; and
  • When we might transfer your Personal Data to a third party; How we protect your Personal Data; and
  • Who to contact about this Privacy Policy.

If you live in the State of California, USA, the State of Nevada, USA, or the European Economic Area, you may have additional rights concerning the Personal Data we collect about you. These rights are described in the following sections (click on the link to go to the applicable section):
Your additional rights regarding your Personal Data
Your rights if you live in the European Economic Area
Your rights if you live in California, USA
Your rights if you live in Nevada, USA

What Types of Personal Data We Collect

We may collect, store, and use different types of Personal Data about you, including:

  • First and last name, business name, or bands name;
  • Bank Information;
  • Personal and business address, email addresses, and telephone numbers;
  • Browser type, operating system, Internet Protocol (“IP”) address, blockchain address, wallet type, and date/time stamps, referring/exit pages, and clickstream data;
  • The amount of time during which you have had an account with us; and
  • Browsing time, Cookie information (as explained in the Cookie Policy), Site history, and social media account identifier.

Collecting Personal Data of Children

We do not knowingly or intentionally gather, collect, process, or store the Personal Data of children under the age of eighteen (18). Will use commercially reasonable efforts to delete such Personal Data if collected, processed, or stored in error.

If you believe that we might have any Personal Data from a child under eighteen (18), please contact us by email at the address indicated below.

When We Collect Your Personal Data

We collect your Personal Data when you:

  • Interact with us using one of our Sites before and after becoming a customer;
  • Ask us to provide our products or services to you, and you voluntarily provide us your Personal Data
    with your request;
  • Communicate with us by telephone, regular mail, email or our Site;
  • Visit our Site which include session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them), Web Beacons, and similar technologies (click the link here to read our Cookie Policy); or,
  • Reply to a promotional offer, survey, request a product sample, enter a sweepstakes, contest, or subscribe to promotions from us, including by email.
  • Browsing time, Cookie information (as explained in the Cookie Policy), Site history, and social media account identifier.

We also may collect your Personal Data from our third party distributors, resellers, marketing representatives, and influencers.

We may also collect Personal Data from activity that is publicly visible and/or accessible on blockchains. This may include blockchain addresses and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.

If you fail to provide your Personal Data to us when requested, we may not be able to perform all our legal and contractual obligations or carry out all activities.

We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we state that Personal Data is being collected.By using our website and providing your email address, you agree to receive future communications from us, including but not limited to marketing emails, newsletters, and community-building updates. We may also contact you regarding sweepstakes or other promotions that you have expressed interest in.

Please note that we are committed to protecting your privacy and will not sell, rent, or otherwise disclose your email address to any third-party without your express consent. We will only use your email address for the purposes stated above and in accordance with our Privacy Policy.

If you wish to opt-out of receiving future communications from us, you may do so at any time by following the instructions provided in our emails or contacting us directly. However, please be aware that opting out may result in you missing out on important updates, promotions, and other benefits.

Why We Collect, Process, and Store Your Personal Data

The purposes for collecting, processing and storing your Personal Data may include: (a) for the performance of a contract between you and us, (b) consent given by you, (c) legitimate interests (for operating our business including marketing and communications), and/or (d) comply with legal obligations.

In certain instances, we may obtain your written consent to collect, process and store your Personal Data.

How We Use Your Personal Data

As is true of most websites and applications, we gather certain Personal Data automatically and store it in log files.

We use your Personal Data to:

  • Manage all aspects of our relationship with you. Which may include sending you promotional materials, fulfilling orders, and providing products and services;
  • Analyze trends, administer our Site, track users’ movements around the Site, and better tailor our Site to our users’ needs;
  • Respond to your questions;
  • Provide you with information;
  • Determine how our Site is being used;
  • Improve our Site and its content;
  • Identify you as a user in our system;
  • Provide customer support and respond to your requests and inquiries; and
  • Investigate and address conduct that may violate our Terms of Use;
  • detect, prevent, and address fraud, violations of our terms or policies, and/or other harmful or unlawful activity; and
  • act in any other way we may describe when you provide the Personal Data.

In some instances, we may use your Personal Data in combination with information belonging to others. In this process, we use various methods to remove the identifying portions of any Personal Data before combining it with the information of others. The output of this process is aggregate data, which is incapable of identifying you or any others. We use this aggregate data for several reasons, including improving our Site, products and services, and how we deliver them to you.We do not sell your Personal Data to third parties.

We may transfer your Personal Data to a third party, where we do not receive a monetary payment, including:

  • When you request us do to so, or provide your consent for us to do so;
  • To Service Providers. A “Service Provider” is a company or person which processes your Personal
  • Data for a business purpose under a written contract between us and the Service Provider. Examples of a business purpose are processing orders, fulfilling orders, and providing services such as email notifications; and,
  • To our distributor, licensor, brand and reseller partners and marketing representatives to assist in their efforts. We will also provide your Personal Data to a third party in the following situations:
  • If we sell a business, your Personal Data may be sent to the buyer of that business. If we buy a business, we may acquire your Personal Data;
  • When required by law or by order of a court or other government agency;
  • When we determines it is needed or desirable to protect our safety and the safety of our employees and others;
  • When the Personal Data we transfer is available to the public in government records; and,
  • When we seek the advice of professional advisors such as attorneys and accountants.

We will store your Personal Data for as long as necessary to fulfil the purposes for which it was collected, and to allow us to satisfy any legal, accounting, and reporting requirements.We may also disclose your Personal Data: to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent.

How We Protect Your Personal Data

We are committed to protecting the security of the Personal Data that we collect from you. We use reasonable physical, technical, and administrative safeguards to help protect your Personal Data from destruction, loss, and unauthorized or inappropriate access or use. While we take precautions to protect your Personal Data and maintain your Personal Data in a secure manner, we cannot guarantee that your information will be one hundred percent (100%) secure.

Personal Data Retention

We may retain your Personal Data as long as you continue to use the Site or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. We may continue to retain your Personal Data even after you deactivate your account and/or cease to use the Service if such retention is reasonably necessary to comply with our legal obligations, to resolve disputes, prevent fraud and abuse, enforce our Terms or other agreements, and/or protect our legitimate interests. Where your Personal Data is no longer required for these purposes, we will delete it.

Third-Party Websites

Our Site may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your Personal Data after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

A portion of our services require the use of a third-party wallet which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.

Who Can I Contact About My Rights Under This Privacy Policy ?

If you have any questions regarding the collection, processing or storage of your Personal Data, or this Privacy Policy, please contact us at info@nftbrandsinc.com.

We may change this Privacy Policy at any time. A revised version of this Privacy Policy will be available on our Site. By accessing and using our Site, you agree to any revisions of the Privacy Policy, whether or not we advise you of such changes.

Last Date our Privacy Policy was updated March 1, 2023.

Your Additional Rights Regarding Your Personal Data

You have the right to be informed about why we collect, process and store your Personal Data, which this Privacy Policy describes above.

Subject to applicable laws, you also may have additional rights, as described in section A – I below. To determine if you have any of these rights or exercise these rights please contact us at info@nftbrandsinc.com.

When you contact us, we may request information from you to enable us to confirm your identity. We will use reasonable means to confirm that the individual or entity that is making the request is you. If we cannot verify that the individual or entity making the request is you, we may deny the request.
There will be no charge to request and receive access to your Personal Data which we have collected about you. If we cannot provide you with access to your Personal Data, we will inform you of the permissible reasons why we may not be able to provide access.

In addition, we may not always be able to fulfill your request to your satisfaction. In some cases, we may be prohibited by law, agreement or legitimate interest to fully comply with your request. When those situations arise, we will inform you of why we are unable to fulfill your request.

Notwithstanding the above, we cannot edit or delete any Personal Data that is stored on a blockchain, for example the Ethereum blockchain, as we do not have custody or control over any blockchains.

Subject to applicable laws, you may have the following additional rights:

A. Access.
Upon your request, we will provide you with access to the Personal Data we have collected about you.

B. Correction (also known as Rectification)
We attempt to be sure that your Personal Data in our possession is accurate, current and complete. If you believe that the Personal Data we have collected and stored about you is incorrect, incomplete or outdated, you may request the revision or correction of your Personal Data.

C. Deletion (also known as the Right to be Forgotten)
You may request that we delete the Personal Data which we maintain about you. We may retain your Personal Data for as long as we believe it is necessary to fulfill the purposes for which the Personal Data was collected, or as otherwise required by law.
There are instances where applicable law allows or requires us to refuse to delete your Personal Data. In the event that we cannot delete your Personal Data, we will inform you of the reasons why.

D. Restrict Processing
You may request that we restrict processing of your Personal Data under certain circumstances, including if you believe the Personal Data is not accurate.

E. Portability
You may have the right, if it is possible, given our then-current automated systems and data architecture, you have the right to receive your Personal Data in machine readable format.

F. Objection
You have the right, in limited circumstances, to object to our processing your Personal Data.

G. Automated Processing
You have the right to ask us to stop using your Personal Data for automated processing such as profiling.

H. Withdraw Consent
Where we collect and process your Personal Data based on your consent, you have the right to withdraw your consent.

I. Lodge a Complaint
You have a right to file a complaint with the appropriate government agency if you believe we have not complied with this Privacy Policy or have violated the applicable privacy law.

Your Rights if You Live in the European Economic Area (“EEA”)

1. Data Controllers
The General Data Protection Regulation defines a “controller” as a person or entity which determines the purpose for processing Personal Data.

2. Transfers of Personal Data Outside the EEA
If you reside inside the EEA and we transfer your Personal Data outside the EEA, we will put in place one of the required safeguards so that the transfer complies with European data protection laws. We rely upon the European Commission’s approved standard contractual clauses when transferring your Personal Data to a country, such as the United States, whose privacy laws are not seen as being adequate by the Commission. A copy of the standard contractual clauses we have in place may be requested at info@nftbrandsinc.com.

3. Post-Mortem Rights
Where permitted by law, you may define guidelines as to the storage, erasure and communication of your Personal Data after your death. These guidelines may be general or specific.

Your Rights if You Live in California, USA

In addition to other rights already discussed in this Privacy Policy, if you live in California, as defined by the California Consumer Privacy Act of 2018 (“CCPA”), California law may provide you additional rights with respect to your Personal Data.

AnyPersonal Data we collect is collected for the commercial purpose of effectively providing our products and services to you, as well as enabling you to learn more about, and benefit from, our products and services.

We will not discriminate against you by denying you our products or services, charging different prices or rates to similarly situated customers or providing a different level or quality for our products or services.

We do not sell your Personal Data to third parties. However, we may transfer your Personal Data to third parties where we do not receive a monetary payment.

Note: The CCPA defines “sell” as selling, releasing or disclosing your Personal Data for a monetary payment or something else of value received in return.

We may transfer your Personal Data to a third party Service Provider for business purposes, including:●  Ownership of items we sell;

●  First and last name, business name, or bands name;
●  Personal Pictures;
●  Identity verification documents including but not limited to: passport, driver's license, government ID card, residence permit and uploading self picture;
●  Payment details (collected by a third party)
●  Gender, date of birth, and marital status;
●  Personal and business address, internet protocol addresses, email addresses, and telephone numbers;
●  unique sign-in name (“Sign-In Name”), password (“Password”), and certain additional information
that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”);
●  The amount of time during which you have had an account with us;
●  Browsing time, cookie information, Site history, and social media account identifier; and ●  Pictures.

We do not transfer, or share, your Personal Data with third parties for their direct marketing purposes.

Note: The CCPA permits you to request from us additional information if we transfer or share your Personal Data with third parties for their direct marketing purposes.

Our Site does not respond to Do Not Track browser settings and we do not participate in any Do Not Track frameworks that would allow us to respond to you.

Your Rights if You Live in Nevada, USA

Please be aware that we do not sell Personal Data to third parties for monetary compensation.

Note: the Nevada privacy law may allow you to direct us not to sell certain Personal Data for monetary compensation.

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