Privacy Policy

This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your Personal Information when you visit the Platform or when you use the Service. This Privacy Policy is made available to you by Digital Original and its successors or assignees, subsidiaries and affiliates (“Digital Original”, “us”, “we”, or “our”). We highly value protection of your Personal Information (as defined below), and our teams are working tirelessly around the clock for its upkeep. As used herein, the term “You” (including any variant) refers to each individual visitor of the Platform or each individual user of the Service, as applicable, who enters into these Privacy Policy on such individual’s own behalf or any entity on behalf of which an individual enters into this Privacy Policy.

By visiting the Platform or using the Service, you acknowledge, and agree with this Privacy Policy. In case you do not agree with our Privacy Policy it is highly advisable that you must leave the Platform or refrain from any further usage of the Service.

For the purposes of this Privacy Policy, the “Personal Information” means information that relates to an identified or identifiable natural person. Digital Original is the controller for the Personal Information we process, unless otherwise stated.

Capitalized terms used but not defined in this Policy have the meaning given to them in the Terms of Use or Terms of Service (if you have registered an Account). The original language of this Privacy Policy is English. Digital Original may make available translations of this Privacy Policy in other languages for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

1. THE PERSONAL INFORMATION THAT WE COLLECT

The Personal Information You Provide Us.

• Account registration. When you register for the Account, you provide us with certain Personal Information that includes, but not limited to the first and last name, username, email address, linked social media accounts, phone number, and other information you provide.
• Online forms. When you fill in online forms on the Platform, we ask you for the Personal Information such as full name, email address, phone number.
• Subscription. When you subscribe to our newsletter as offered on the Platform, we ask you for the Personal Information such as email address.
• Contact us. If you contact us, for example through our pages on social media sites, or otherwise, we may receive your first and last name and contact information (such as an email address), as well as any other content included in or associated with the message you send. We may also record, analyze and use your interactions with us, including telephone conversations, online contacts, contacts via email address.
• Preferences. The Platform or the Service lets you store preferences like how your content is displayed, notification settings, and favorites. We may associate these choices with your Аccount, browser, and/or mobile device.
• Feedback. If you provide us with feedback regarding the Platform or the Service, we may receive your first and last name and contact information (such as an email address), as well as any other content included in or associated with the message you send.
• Verification Information. We may need to collect information to verify your Аccount or identity, such as your phone number, email address or information relating to the authentication app you use.
• Other Information. We also collect information and other data at other points in the Platform or the Service where you voluntarily provide it or where we state that your information is being collected.
• Like much of web3, your blockchain wallet address functions as your identity. Accordingly, you will need a blockchain wallet and associated wallet address to access and use certain aspects of the Service. We do not consider a blockchain wallet address, standing alone, to be information that identifies you. However, a blockchain wallet address may become associated with you, your user ID or Personal Information we collect about you when you use the Service.

Automatically Collected Personal Information.
As you navigate through and interact with the Platform or the Service, we may use automatic data collection technologies to collect certain information, including:

• Interactions with the Platform or the Service. To provide the Platform or the Service, analyze trends, enforce our Terms of Service, and make the Platform or the Service more useful to you, we collect information (typically Anonymous Data) from you when you interact with the Platform or the Service, including, but not limited to, your browser type, operating system, IP address and associated geolocation, device ID, blockchain wallet address, wallet type, actions and clickstream data, referring/exit pages, and date/time stamps. We may also store this data in log files.
• Cookies. We and our third-party partners may use various technologies to collect and store the Personal Information, which may include cookies and similar tracking technologies. We use the Personal Information to measure the performance of our email campaigns, to provide analytical information, and for other purposes described in this Privacy Policy.
  Cookies are small text files sent by us to your computer or mobile device, which enable us to improve the Platform. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. The cookies placed via the Platform cannot damage your device or the files stored on it.
  You will be notified about the use of cookies when you first visit the Platform. If you do not want us or our third-party partners to collect the Personal Information through the use of cookies, you can set up your choices via the Cookies Preference Center at any time.
  Most browsers give you the ability to manage cookies to suit you. In some browsers, you can set up rules to manage cookies on a site-by-site basis, giving you more fine-grained control over your privacy. This means you can disallow cookies from all sites except those you trust. Browser manufacturers provide help pages relating to cookie management in their products.
  If you limit the ability of websites and applications to set cookies, you may worsen your overall experience and/or lose the ability to access the Platform or the Service, since it will no longer be personalized for you. It may also stop you from saving customized settings. To find out more about cookies, visit this site.

The Personal Information that we collect from third parties.
We may receive information about you or related to you or your wallet address from service providers and other sources/companies that offer their products and/or services to us or to you, for use in conjunction with the Service, or whose products and/or services may be linked from the Service. We may add this to the data we have already collected from or about you. This information may include, for example:

1. third-party wallet providers and partners that provide us with your blockchain wallet address and certain other information you choose to share with those wallet providers and partners;
2. data analytics providers or vendors who provide us information related to certain blockchain wallet addresses;
3. vendors who provide communication and identity verification services to us and which you choose to use; and
4. other vendors who provide us information necessary to run our business or enforce our Terms of Service.

Public Information. We collect data from activity and information that is publicly visible and/or accessible on blockchains or other public sources.This may include, for example, blockchain wallet addresses and information regarding sales, or transfers of the Artworks, which may then be associated with other data you have provided to us.

2. HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We take your privacy very seriously and will never disclose, share or sell the Personal Information without your consent, unless required to do so by law. The purposes and reasons for collecting and processing the Personal Information are detailed below.

• To provide, operate, monitor, maintain, and secure the Platform and the Service.
• To provide customer support.
• To manage your Account.
• To communicate with you (such as through email) about your use of the Platform or the Service, changes to this Privacy Policy, our Terms of Service, and to other applicable legal agreements, policies or other important notifications.

Legitimate interests:

• To improve and analyze the Platform and the Service.
• To improve and analyze the effectiveness of the Platform and the Service.
• To develop, test and improve new products or services, by conducting surveys and research, and testing and troubleshooting new products and features.
• To send you newsletters and promotional materials.
• To ask you to participate in surveys, or to solicit feedback.
• To monitor and analyze trends, usage, and activities for more effective marketing or other advertising purposes.
• To improve the quality of experience of your interaction with Platform or Service and others.
• To prevent misuses of the Platform and the Service, and to protect the security of our systems, the Platform and the Service.

Compliance with legal or regulatory obligations:

• To comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law.
• To protect our and our Affiliates’ legal rights and interests.
• To audit our compliance with legal and contractual requirements and internal policies.
• To detect, prevent fraud, violations of our Terms of Service, or other applicable legal agreements, policies, and/or otherwise harmful or illegal activities.

Consent:

• When you give us consent to do so for a specific purpose.

We may aggregate or de-identify Personal Information so that it may no longer be used to identify you. We may use this anonymous, aggregated or de-identified information and/or disclose it for the purpose of improving and analyzing the effectiveness of the Platform and the Service, developing new features to the Platform and the Service, conduct research, and for other similar purposes. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to reidentify the information, unless required by law.

Where we rely on legitimate interests to process the Personal Information, you can object to that processing as described below under “YOUR CHOICES”. In response to your objection, we will stop processing your information for the relevant purposes unless we have compelling grounds in the circumstances or the processing is necessary in the context of legal claims. Digital Original may also process other information that constitutes the Personal Information for direct marketing purposes and you have a right to object to Digital Original’s use of the Personal Information for this purpose at any time.

3. TO WHOM WE DISCLOSE THE PERSONAL INFORMATION

Except as described in this Privacy Policy, we will not intentionally disclose the Personal Information to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

Third Party Service Providers. We may share the Personal Information with third party service providers to: provide technical infrastructure services; conduct quality assurance testing; analyze how the Platform and the Service are used; prevent, detect, and respond to unauthorized activities or potential violations of our Terms of Service or policies; identity verification purposes; provide technical and customer support; conduct a process of verification of the Artworks; and/or to provide other support to you, us, and/or to the Platform and the Service. We limit the Personal Information provided to these third party service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such Personal Information.

Affiliates. We may share the Personal Information with any subsidiaries, joint ventures, or other companies or products under our common control (the "Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

Information Related to Your Public Activity. We may display or share information relating to your public activity on blockchains, on Service.

Professional Advisors. We may share the Personal Information with the professional advisors (for example, lawyers, accountants or others), where necessary in the course of the professional services that they render to us. We limit the Personal Information provided to the professional advisors to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such Personal Information.

Corporate Restructuring. We may share the Personal Information when negotiating, or taking part in a merger, acquisition, sale transfer, divestiture, financing, or disclosure of all or a portion of Digital Original’s business or assets. If Digital Original suffers from insolvency, bankruptcy, receivership, Personal Information may form part of the assets of Digital Original. Nonetheless, Digital Original will attempt to convince any recipient of Personal Information to honour this Privacy Policy in its spirit and form.

Law enforcement. Under certain circumstances, we may be required to disclose the Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements. We may disclose the Personal Information in the good faith belief that such action is necessary to comply with legal obligations, to protect and defend our, the Affiliates’ rights or property, if we determine, in our sole discretion, that there is a violation of our Terms of Service, other applicable legal agreements, policies, or the law, to detect or prevent fraud or other illegal activity, to prevent or investigate possible wrongdoing in connection with the Platform and the Service, to protect the security or integrity of the Platform and the Service and any facilities or equipment used to make the Platform and the Service available, to protect your personal safety or the public, to enforce our legal agreements and policies, to protect against legal liability.

Notice of intellectual property infringement. As set forth in the Terms of Service, we may forward copies of your notice of intellectual property infringement, including your contact information, to the alleged infringer.

4. THIRD-PARTY WEBSITES

Through the Platform or the Service, you may encounter links, content, advertising, or references by third parties leading to third-party services. You are advised to be mindful that when they click and access any of these third-party services, any other entity might collect their Personal Information. Please be aware that we have absolutely no authority over any of these third-party services and cannot be accountable or responsible for what these third-party services might do with the Personal Information that they collect from you. The links to third party services are provided for your convenience and do not signify in any manner our endorsement of such third parties, their services or content.

5. THIRD-PARTY WALLETS

To use certain aspects of the Service, you must use a 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.

6. DATA SECURITY

At Digital Original, we take data security very seriously. We have taken steps to implement appropriate administrative, technical and physical safeguards to prevent unauthorized access, use, modification, disclosure or destruction of the information you entrust to us. However, no security system is perfect, and due to the inherent nature of the Internet, we cannot guarantee that data, including the Personal Information, is absolutely safe from intrusion or other unauthorized access by others. If you believe the Personal Information has been compromised, please contact us as set forth in the “HOW TO CONTACT US” Section. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law. You are responsible for the security of your digital wallet, and we urge you to take steps to ensure it is and remains secure. If you discover an issue related to your wallet, please contact your wallet provider.

7. INTERNATIONAL DATA TRANSFERS

Digital Original may transfer the Personal Information to countries other than the one in which you live, including transfers to the European Union. To the extent that the Personal Information is transferred abroad, Digital Original will ensure compliance with the requirements of the applicable laws in the respective jurisdiction in line with Digital Original’s obligations. Digital Original uses Standard Contractual Clauses approved by the European Commission (and the equivalent standard contractual clauses for the UK where appropriate) for transfers to countries not subject to an adequacy decision by the European Commission or your local legislature and/or regulator.

8. MINORS AND CHILDREN’S PRIVACY

Protecting the privacy of young children is especially important. The Platform and the Service are not directed nor intended to children under the age of eighteen (18) years old, and we do not knowingly collect the Personal Information from children under the age of eighteen (18) years old. If you are under eighteen (18) years old, then please do not use or access the Platform or the Service at any time or in any manner. If we learn that the Personal Information has been collected from persons under eighteen (18) years old and without verifiable parental consent, then we will take the appropriate steps to delete this information.

9. SENSITIVE PERSONAL INFORMATION

We ask that you not send us, and you not disclose on or through the Platform or the Service a sensitive Personal Information such as biometric, genetic, health, race, ethnic origin, political opinions, sexual orientation.

10. DATA RETENTION

We will retain the Personal Information for a period of time that is consistent with the original purpose of the data collection, or as necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, enforce our Terms of Service or other agreements, and/or protect our, our Affiliates’ legal rights and other interests. When we no longer have a legitimate need to process your information, we will delete or anonymize your information from our active databases. We will also securely store the information and isolate it from further processing on backup discs until deletion is possible.

11. YOUR RIGHTS

You may have the following rights with regard to the Personal Information:

• Right to access - is commonly known as a "data subject access request". This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
• Right to the Personal Information correction - this enables you to have any incomplete or inaccurate Personal Information we hold about you corrected, though we may need to verify the accuracy of the new Personal Information you provide to us.
• Right to the Personal Information erasure - this enables you to ask us to delete or remove the Personal Information in certain circumstances such as where there is no good reason for us continuing to process it, where we may have processed your information unlawfully or where we are required to erase the Personal Information to comply with law. We may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Right to restriction of processing - this enables you to ask us to suspend the processing of the Personal Information in the following circumstances: (a) if you want us to establish the Personal Inforamtion's accuracy; (b) if our use of the Personal Information is unlawful, but you do not want us to erase it; (c) if you need us to hold the Personal Information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) if you have objected to our use of the Personal Information, but we need to verify whether we have overriding legitimate grounds to use it.
• Right to withdraw consent at any time – applicable only where we are relying on your consent to process the Personal Information. Any withdrawal will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide some features or functionalities of the Platform or the Service to you. We will advise you if this is the case at the time you withdraw your consent.
• Right to the Personal Information portability – you have the right under certain circumstances to receive the Personal Information in a “structured, commonly used, and machine-readable format” and to transmit the Personal Information to another controller without hindrance.
• Right to object – you have the right to object to the use of the Personal Information in certain circumstances, such as the use of the Personal Information for direct marketing.
• Right to complain – you have the right to lodge a complaint with a supervisory authority if you believe our processing of the Personal Information violates applicable law. This right may not be available to you if there is no supervisory authority dealing with data protection in your country.

If you wish to exercise any of the rights set out above, please contact us as set forth in the “CONTACT US” Section.

You may decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Platform or the Service.

If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact our Data Protection Officer by email specified in “CONTACT US” Section.

12. EMAIL COMMUNICATIONS

We may periodically send you newsletters and/or emails that directly promote the use of the Platform or the Service. When you receive email communications from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the email you receive or by sending an email to the address provided in the “HOW TO CONTACT US” Section. Despite these preferences, we may send you occasional transactional service-related informational communications.

13. CHANGES AND UPDATES TO THIS PRIVACY POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify the Privacy Policy, we will make it available through the Platform, and indicate the date of the latest revision, and will comply with applicable law. If we make changes that materially alter your privacy rights, we will provide additional notice via email. Your continued use of the Platform or the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

14. HOW TO CONTACT US

Please contact us with any questions or comments about this Privacy Policy, the Personal Information, our use and disclosure practices by email at: [email protected].