California residents and European Union residents who access the Website should be sure to also review Section IV.
- Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information or personal data and determines the purposes and means of the processing of a Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
- Company (referred to as either “the Company”, “we”, “us” or “our” in this Policy refers to NFTAVE Inc., a Delaware Corporation.
- Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: the United States of America unless otherwise specified.
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
- Personal Data is any information that relates to an identified or identifiable individual.
This Policy uses Personal Data and Personal Information interchangeably. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
- Sale of Personal Data/Information for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal Data/Information to another business or a third party for monetary or other valuable consideration.
- Service(s) refers to the Website and the Services provided by us directly or indirectly through the Website.
- Service Provider means any natural or legal person who processes the Personal Data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a webpage visit).
- We, our, and us means NFTAVE Inc.
- Website and Site refer to NFTAVE Inc.’s Website accessible at www.nftave.io.
- You and your means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
- Collecting and Usage of Your Personal Data
- Types of Data Collected
- Personal Data You Provide Us
While using Our Service or when you contact us, we may ask you to provide us with certain personally identifiable information (PII) that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Your Email address
- Your First name and last name
- Your User Name
- Your Phone number
- Your Address, State, Province, ZIP/Postal code, City
- Your blockchain address, which may become associated with Personal Data when you use our Service.
- 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.
- Our Service lets you store preferences like how your content is displayed, notification settings, and favorites. We may associate these choices with your ID, browser, or mobile device.
- If you provide us with feedback or contact us, we will collect your name and contact information, as well as any other content included in the message.
Usage Data is collected automatically when using the Website. Usage Data may include information such as your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the Website by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique ID, the IP address of your mobile device, your mobile device’s operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our Website or when you access the website by or through a mobile device.
From Third Parties
We may receive Personal and/or Anonymous Data about you from companies that offer their products and/or services for use in conjunction with our Services or whose products and/or services may be linked from our Website. For example, third-party digital wallet providers provide us with your blockchain address and certain other information you choose to share with those digital wallet providers. We may add this to the data we have already collected from or about you through our Service.
Public Information Observed from Blockchains
We collect 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.
- Tracking Technologies and Cookies
- Flash Cookies: Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
“Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as you close your web browser.
We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
- Type: Persistent Cookies
- Administered by: Us
- Functionality Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
- Tracking and Performance Cookies
- Type: Persistent Cookies
- Administered by: Third Parties
- Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Non-Acceptance of Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.
No Response to Track Signals. Our systems do not currently recognize “do not track” signals or other mechanisms that might enable users to opt out of tracking on our site.
Our Usage of Personal Data
- We use and process your Personal Data to provide, maintain, and improve our Services as follows:
- To facilitate the creation of and securing of your account;
- To identify you as a user in our system;
- To manage Your Account: to manage Your registration as a user of the Service. The PD You provide can give You access to different functionalities of the Services that are available to You as a Registered User.
- To provide you with our Services, including, but not limited to, helping you access our NFT training curriculum through our NFT Academy and to explore, and create NFTs using our tools and, at your own discretion, connect directly with others to purchase, sell, or transfer NFTs on public blockchains;
- To improve the administration of our Services and the quality of our Services when you interact with our Services, including, but not limited to, by analyzing how you and other users find and interact with the Service;
- To provide customer support and respond to your requests and inquiries;
- To investigate and address conduct that may violate our Terms of Service;
- To detect, prevent, and address fraud, violations of our terms or policies, and/or other harmful or unlawful activity;
- To display your username next to the NFTs currently or previously accessible in your third-party wallet, and next to NFTs on which you have interacted;
- To send you a welcome email to verify ownership of the email address provided when your account was created;
- To send you administrative notifications, such as security, support, and maintenance advisories;
- To send you notifications related to actions on the Services, including notifications of offers on your NFTs;
- To send you newsletters, promotional materials, and other notices related to our Services or third parties’ goods and services unless you have opted out to receive such information;
- To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To respond to your inquiries related to employment opportunities or other requests;
- To comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law, and/or to pursue or defend against legal threats and/or claims;
- We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, services, marketing and your overall experience when using our Services.
Sharing Your Personal Data with Others
We may share Your Personal Data in the following situations:
- Third-Party Service Providers. We may share your Personal Data with third party service providers to: provide technical infrastructure services; conduct quality assurance testing; analyze how our Service is used; prevent, detect, and respond to unauthorized activities; provide technical and customer support; and/or to provide other support to us and to the Services.
- Payment Partners: When you pay for our NFT Academy Services by a digital wallet or purchase NFTs with a digital wallet through the block chain, you will be notified that you are leaving our website. In that event, you will be taken to a third-party payment management service. All NFT transactions involve a blockchain such as Ethereum or Polygon over which we have no control. You should review the privacy policies of any third-party payment management service which handles digital wallet transactions. We will not collect or retain information related to your digital wallet.
- Our Legal Rights. Regardless of any choices you make regarding your Personal Data (as described below), NFTAVE may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants, or other legal process served on NFTAVE; (c) to protect or defend the rights or property of NFTAVE or users of the Service; (d) to protect the personal safety of Users of the Services or the public; (e) to protect against alleged legal liability; and (f) to investigate or assist in preventing any violation or potential violation of the law.
- Law Enforcement. Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. by a court or a government agency).
We do not intentionally gather Personal Data from visitors who are under the age of 16. Minors who are at least 16 years old but are under 18 years old may use a parent or guardian’s NFTAVE account, but only with the direction or and involvement of the account holder. If a child under 16 submits Personal Data to NFTAVE and we learn that the Personal Data is the information of a child under 16, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data of a minor, please contact us at the email address provided under Section IV.
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.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Security of Your Personal Data
The security of Your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. Please be vigilant about phishing schemes wherein bad players may try to steal your Personal Data to engage in unlawful activities involving the blockchain. We have no control over the blockchain.
Information on the Processing of Your Personal Data
Service Providers such as IT professionals may have access to your Personal Data only to perform their tasks on our behalf and are obligated not to disclose or use it for any other purpose via Agreement between them and us.
We may use third-party Service providers to monitor and analyze the use of our Service such as Google Analytics.
- Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
Your Right to Control Your Personal Data Access and its Usage
This Section discusses your right to control the access to and use of your personal data. You can view, access, edit, or delete your Personal Data for certain aspects of the Services via your Settings page. You may also have certain additional rights if you are a user in the European Economic Area or the United Kingdom or are a California. Other jurisdictions may also have privacy laws that entitle you to certain rights.
- GDPR. If you are a user of our Services in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations (“GDPR”). These include the right to: (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.
- CCPA. If you are a California resident who is using our Services, you have certain rights under the California Consumer Privacy Act (“CCPA”). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not “sell” your “personal information.”
- Other Laws. Other jurisdictions may also have similar privacy laws that entitle you to the rights specified in A and B above.
- Block Chain Considerations. Notwithstanding any rights you may have under the GDPR, the CCPA, or any other privacy law, we cannot edit or delete any information that is stored on a blockchain, for example the Ethereum of Polygon blockchains, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.
- Exercising Your Rights. If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy law, please contact us by emailing us at Info@nftave.io or email@example.com . Be specific in your request, and reference the applicable law you believe supports your request. We may ask you to verify your identity or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights.
- Complaints. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. For California, please contact the California Department of Consumer Affairs.
- California’s Shine the Light Law. Under California Civil Code Section 1798, California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if You are a California resident, You can contact using the contact information provided in Provision E above.
Links to Third-Party Websites
How to Contact Us