PRIVACY POLICY

This Privacy Policy is designed to help you understand how Fandora (collectively with any subsidiaries, called “we,” “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights

Scope

This Privacy Policy applies to personal information processed by us, through our websites, mobile applications and any other services or interfaces owned or controlled by Fandora that post a link to this Privacy Policy (each a “Service” and together, the “Services”). For the avoidance of doubt, Fandora does not control the blockchain protocol (“Protocol”) on which the various non-fungible tokens (“NFTs”) are tradable or useable and cannot control activity and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol.

CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time at our sole discretion. As our site evolves and offers become available, or as a result of changes in government or regulatory requirements, it may be necessary to change this privacy policy. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

COLLECTION OF PERSONAL INFORMATION

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

Information You Provide to Us Directly - We may collect the following personal information that you provide to us:

Account Information - We may collect information when you create an account with us, such as name and email address. We may also require that you provide additional identity and verification information.

Communication Information - 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.

Purchases, Wallet and Transaction Information - In order to engage in certain transactions or purchases on the Services, you may need to provide us or our third-party payment processors with your payment information and allow us to connect to your digital wallet by providing us with your public wallet address. We will never ask you or collect your private keys. We do not directly collect or store any payment card information entered through our Services or access your digital wallet, but we may receive from our third-party payment processing providers information associated with your payment card information (e.g., your billing details).

Your Purchases/Know Your Customer (“KYC”) information. If you buy or sell NFTs using our Services, we will record the details of each transaction (such as the owner of the NFTs, any royalties owed, etc.). In addition, in connection with your offer of NFTs on our Services, we or our service providers may also collect information to facilitate the transaction, verify your identity, and comply with our regulatory obligations (sometimes referred to as “Know Your Customer” checks). Such information may include, without limitation: date of birth, your passport or national ID card, a bank card statement, or other information linking you to an address.

Listing application - To list your NFTs on Fandora, you will be required to provide us with information about your project, including the following information: your project name, the email address and Discord ID for the main project contact, the Twitter URL and Discord Server invite link associated with the project, the ownership status of the artwork used in the project, the creator/artist name, links to other creator projects (optional), project mint status, smart contract identifiers, number of items existing or expected in the collection, and associated image files.

Surveys - We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include personal information.

Interactive Features - We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages on Twitter, Discord, Medium, and others). Any information you provide using the public sharing features of the Services (referred to herein as “User Content”) will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.

Contests - We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

Conferences, Trade Shows, and Other Events - We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

Business Development and Strategic Partnerships - We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

Other Transactions. We may collect personal information and details associated with your activities on our Services.

Job Applications - We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use this information to assess your qualifications.

Automatically Collected Information - We may collect personal information automatically when you use our Services:

Programmed Data Collection - We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, computer address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. We also track the floor price, volume, and average prices for all NFT collections hosted on our platform over time.

Cookies, Pixel Tags/Web Beacons, and Other Technologies - We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

Cookies - Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

The aforesaid Technologies may be used by us for the purposes of operational necessities, performance based, advertising and targeting purposes and functionality related. Our use of these Technologies allows you to access our Services and for us to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality. It further helps us to identify how individuals use our Services and deliver relevant ads.

Analytics - We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include Google Analytics. We use analytics services provided by Google Inc. This allows us to process usage data to better understand how our website and web-related Services are used. This enables us to continually improve our website, making it relevant to your interests and needs. This may involve personal data, such as cookie and other device identifiers. The data collected by Google Analytics is usually transferred to a Google server in the USA and processed there. In addition, Google uses your data for its own purposes, e.g. for profiling or linking it to other data.

Social Media Platforms - Our Services may contain social media buttons, such as Discord, Snapchat, Twitter, and Telegram, which might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address and which page you are visiting on our Services and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

Information Collected from Other Sources - We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third- party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.

Use of information

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

For providing Services - We may use your information to fulfill our contract with you and provide you with our Services such as:

Managing your information and accounts;

Providing access to certain areas, functionalities, and features of our Services;

Answering requests for customer or technical support; 

Communicating with you about your account, activities on our Services, and policy changes;

Processing applications if you apply for a job we post on our Services; and

Allowing you to register for events

Marketing and Advertising our Products and Services - We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.  Some of the ways we market to you include email campaigns and custom audiences advertising. If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

Administrative Purposes - We may use your information for various administrative purposes, such as:

Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

Measuring interest and engagement in our Services; 

Short-term, transient use, such as contextual customization of ads;

Improving, upgrading or enhancing our Services; 

Developing new products and Services;

Ensuring internal quality control and safety;

Authenticating and verifying individual identities, including requests to exercise your rights under this policy;

Debugging to identify and repair errors with our Services;

Auditing relating to interactions, transactions and other compliance activities;

Sharing information with third parties as needed to provide the Services;

Enforcing our agreements and policies; and

Complying with our legal obligations.

Other purposes - We also use your information for other purposes as requested by you or as permitted by applicable law.

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de- identified location information, information about the device from which you access our Services, or other analyses we create.

Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker).

Notwithstanding anything to the contrary in this Privacy Policy, your personal information, user information, and related electronic wallet address may be shared with and/or sold to third parties, made publicly visible and/or appear as part of Solana/ Ethereum or any other applicable blockchain network when you engage in NFT sales, activities and/or transactions through the services. The foregoing disclosure may be made for purposes related to facilitating those activities and/or transactions, including without limitation making payments to Fandora. To the fullest extent allowed by law: (a) you assume all risk related to your NFT activities and/or transactions; and (b) Fandora will not be liable to you for any losses or liabilities related to the foregoing use and disclosures.

By using our Platform as a Creator, you may voluntarily embed personal data in the metadata of any minted NFT(s) or in the media content referenced by the NFT. All information embedded in the Metadata will not be available for deletion and there is no reasonable expectation of privacy for any personal data put in the metadata or the media content referenced by the NFT. The users and parties associated with the minting, sale, transfer, and use of NFTs are solely responsible for ensuring their personal data including sensitive data are properly protected.

Disclosure of information

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

Disclosures to Provide our Services - The categories of third parties with whom we may share your information are described below.

Service Providers - We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.

Business Partners - We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

Affiliates - We may share your personal information with our company affiliates.

Other Users/Website Visitors - As described above in “Personal Information We Collect,” our Services allow you to share your profile and/or User Content with other Users/publicly, including to those who do not use our Services.

Advertising Partners - We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”

APIs - We may use third-party Application Program Interfaces (“APIs”) and Software Development Kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.

Disclosures to Protect Us or Others - We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers - If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

Notice Regarding Use of Blockchain - Transactions involving our NFTs will be conducted on the relevant Protocol. Information about your transfers will be provided to the blockchain and may be accessible to third parties due to the public nature of the blockchain. Because entries to the blockchain are, by their nature, public, and because it may be possible for someone to identify you through your pseudonymous, public wallet address using external sources of information, any transaction you enter onto the blockchain could possibly be used to identify you, or information about you.

Privacy choices and righs

Your Privacy Choices - The privacy choices you may have about your personal information are determined by applicable law and are described below.

Email and Telephone Communications - If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non- promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).

Do Not Track (“DNT”) - is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising - You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android or iOS. It is also to be noted that you may have to separately opt out in each browser and on each device.

Your Privacy Rights - In accordance with applicable law, you may have the right to:

Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;

Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;

Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or non-compliant;

Request Restriction of or Object to our processing of your personal information when processing is non-compliant;

Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;

Request data portability and receive an electronic copy of personal information that you have provided to us;

Be informed about third parties with which your personal information has been shared; and

Request the review of decisions taken exclusively based on automated processing if that could affect data subject rights.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below or as otherwise instructed in the additional privacy notices provided at the time we collected your personal information. We will process such requests in accordance with applicable laws.

Security

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure. By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

DATA TRANSFER

All information processed by us may be transferred, processed, and stored anywhere in the world which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

CHILDREN’S INFORMATION

The Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, or wish to review information collected from your child, or have that information modified or deleted, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account.

MISCELLANEOUS PROVISIONS

Third-Party Websites/Applications - The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third- party websites or applications is at your own risk.

Supervisory Authority - If you are located in the European Economic Area, Switzerland, the United Kingdom or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: reachus@fandora.app.