MetaFactory Privacy Policy

Last Updated: April 15, 2020

BY USING THE METAFACTORY WEBSITE OR SMART CONTRACTS, PARTICIPATING IN ANY METAFACTORY AUCTION OR RECEIVING OR USING ANY METAFACTORY WEARABLE OR OTHERWISE RECEIVING ANY METAFACTORY OFFERINGS, YOU AGREE TO THE USE OF YOUR PERSONAL DATA AS DESCRIBED BY THIS PRIVACY POLICY BELOW, AND AS THEY MAY BE MODIFIED FROM TIME TO TIME IN ACCORDANCE THEREWITH.

PLEASE CAREFULLY READ THIS PRIVACY POLICY, ALONG WITH THE METAFACTORY TERMS OF SERVICE , IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT USE THE METAFACTORY WEBSITE OR SMART CONTRACTS, PARTICIPATE IN ANY METAFACTORY AUCTION, RECEIVE OR USE ANY METAFACTORY WEARABLE OR OTHER METAFACTORY SERVICES, MERCHANDISE OR OTHER METAFACTORY OFFERINGS.

This Privacy Policy applies to your use of the website, including all offerings and services.

Our agreements with certain customers may contain provisions about the processing of personal information collected through the Services. If a provision of one of these customer agreements conflicts or otherwise is inconsistent with a provision of this Privacy Policy, then the provision of the customer agreement will prevail but solely to the extent of the conflict or inconsistency. If you have a question about whether your personal information is covered by a customer agreement, please contact us at hello@metafactory.ai.

THIRD PARTY WEBSITES

The Services may include links to websites and services that are not operated by us. A link to a third-party website or service does not mean that we reviewed or endorsed its privacy practices. If you visit a third-party website or service, you are subject to its privacy practices and policies, not ours. This privacy policy does not apply to any personal information that you provide to these other websites and services.

PERSONAL INFORMATION WE COLLECT

When you use the MetaFactory website or smart contracts, participate in any MetaFactory auction, or take part in any of the MetaFactory services or offerings, we collect certain information. Generally, when you visit our website, the following information will be collected without your intervention and stored until automated deletion:

  • Your computer’s IP address;

  • The date and time of access;

  • The names and URLs of the pages you visited;

  • The website from which the access takes place (i.e. referrer URL);

  • The browser and operating system of your computer as well as the name of your access provider;

  • The pages you visit and for how long.

If you create an account or take part in an auction or other offerings or services, we may collect the following information:

  • Your name, email address and also may collect your, physical address, telephone number, and any other account-related information.

The legal basis for the data collected and processing as described in this section is the fulfillment of our contractual obligations or the implementation of pre-contractual measures.

HOW WE USE PERSONAL DATA

Generally, we use the personal information we collect from or about You to provide a smooth and secure access to our website, services and offerings, to ensure a great user experience, to evaluate system security and stability, and for further administrative purposes.

More specifically, we use and process your personal data to:

  • Administer and promote the auctions and offerings;

  • Provide customer support;

  • Respond to your requests and inquiries;

  • Create and manage your account;

  • Fulfill orders for the services or offerings;

  • Improve and develop offerings and services;

  • Prevent, detect, and respond to illegal or unauthorized activities;

  • Communicate with any suppliers we use to perform any of the above; and

  • Comply with the law.

HOW WE SHARE INFORMATION

With Necessary Third-Party Suppliers

We use third-party suppliers to help us to run various parts of the offerings and services. For example, we may use third-party suppliers to support technical processing operations, such as data hosting and maintenance, analytics, customer care, securing our data and systems, marketing, and detecting and preventing spam and intellectual property infringement.

With order fulfillment vendors

As part of the MetaFactory Offerings, we may provide you with certain tangible merchandise or products. To do this, we partner with order-fulfillment vendors for payment processing and order fulfillment. These order-fulfillment vendors may require information about you or request information from you, and may process such information according to their own privacy policy and other terms. Some of the vendors also may share your information with us. We are not responsible for the processing of your personal information or the fulfillment of your order when a vendor’s own privacy policy and terms apply.

In the case of a merger or acquisition

We may transfer control and processing of personal data if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control.

When required by law

We may be required to disclose your personal information to governmental or law-enforcement agencies to comply with legal process (e.g., a court order), subpoenas, search warrants, investigations, to help prevent or detect crime, to respond to lawful requests from law enforcement and government regulators, or any other relevant legal requirement.

To enforce legal rights

We may also share information as necessary to protect our legal rights and legal rights of our, your, other end users, or other interested parties, including to mitigate liability in an actual or threatened lawsuit, to protect our legal rights and legal rights of our customers or other interested parties, to enforce our agreements with you, and to investigate, prevent, or take other action regarding any activity that is or is suspected to be illegal, fraudulent, or the like.

With your consent or at your request

We may ask for your consent to share your personal information with third parties. When we do, we will make clear why we want to share the personal information.

OUR USE OF COOKIES AND TRACKING TOOLS

We use cookies and other data tracking technology to collect and use personal information about you. We also may allow others to use cookies and similar technologies (e.g., pixels) to recognize you and/or your device(s) when you use the Websites.

What are cookies?

We use cookies on our site. These are small files that your browser automatically creates and displays on your device (laptop, tablet, smartphone, etc.) when you visit our site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Cookies do not harm your device, do not contain viruses, Trojans, or other malicious software. The cookies store information regarding the connection with the specific terminal used. This does not, however, mean that we are immediately aware of your personal identity or household identity. The use of cookies serves to give you a better user experience. For example, we use session cookies to recognize that you have already visited individual pages on our website. Session cookies are automatically deleted after leaving our page. In addition, to improve the user experience, we use temporary cookies that are stored on your device for a predetermined period of time, typically 30 days. If you visit our site again to take advantage of our services, our system will automatically recognize that you have visited us, and will remember the inputs and settings you made so you do not have to re-enter them. We also use cookies to record the statistics around the use of our website, and to evaluate those statistics for the purpose of optimizing our offerings and services. These cookies allow us to automatically recognize you when you visit our site again. These cookies are automatically deleted after a predetermined period of time.

Most browsers accept cookies automatically. You can, however, configure your browser so that no cookies are stored on your computer or always provide a hint appearing before a new cookie is created. Disabling cookies completely may mean that you cannot use all features of our website.

By using our cookies, we want to optimize your experience on our website. The cookies we use for our offerings and services are based on our aforementioned legitimate interests, which also represents the legal basis for the data processing described here.

Most browsers accept cookies automatically but allow you to disable them. You also can opt-out of certain cookies using the following link: http://optout.networkadvertising.org/?c=1. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Some features of the Websites may not work properly without cookies. To learn more about cookies generally, visit www.allaboutcookies.org and http://optout.aboutads.info/?c=2&lang=EN.

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a User does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s User. Not all browsers offer a DNT option and DNT signals are not yet uniform. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them. You also can typically remove and reject Cookies or Local Storage from the Website with your browser settings. Many browsers are set to accept Cookies and Local Storage until you change your settings. If you remove or reject Cookies or Local Storage, it could affect how the Website works for you. In all circumstances, we may perform the foregoing information collection practices directly or use a third-party vendor to perform these functions on our behalf. Also, if you access the Website or the Services from a social networking service, we may share information with such social networking service in accordance with this Privacy Policy and to the extent permitted by your agreement with such social networking service and its privacy settings.

We may also use other technologies such as Local Storage and Pixel Tags. “Local Storage” is an industry-standard technology that allows a website or application to store and retrieve data on a person’s computer, mobile phone or other device. We may use device or HTML5 Local Storage, caching or other forms of Local Storage to store your preferences, help us remember certain information about how you interact with the Services or display content on the through the Services based upon what you have viewed on various other websites. We may also use “pixel tags,” “web beacons,” “clear GIFs” or similar means (individually or collectively, “Pixel Tags”) in connection with the Website or the Services to collect usage, demographic and geographical location data. A Pixel Tag is an electronic image, often a single pixel, that is ordinarily not visible to you and may be associated with Cookies on your hard drive or Local Storage. Pixel Tags allow us to count the number of users who have visited certain pages of the Website or other parts of the Services, to deliver branded services and to help determine the effectiveness of promotional or advertising campaigns. In addition, we may from time to time work with third-party companies, including advertisers, that use Cookies, Local Storage and other tracking technologies to collect non-identifying information about your activities on the Website or the Services in order to help us better understand the use and operation of the Website and the Services. These third parties may collect and analyze information about your online activities over time and across different websites when you access or use the Website or the Services. We do not exercise control over these third party websites or services. We encourage you to read the privacy policies or statements of the other websites and services you use. By accepting this Privacy Policy, and by accessing or using the Website or the Services, you are consenting to permit the use of Cookies, Local Storage and Pixel Tags by us and the third-party companies with which we work.

Reasons for using tracking technology

Some cookies are required for the websites to operate. Other cookies enable us to track your interests, to enhance your experience on the website.

The types of cookies used on the Websites and why they are used is as follows:

  • “Strictly necessary” cookies are required to allow us to deliver the Websites to you.

  • “Performance” or “Analytics” cookies help us to collect information about how Users interact with the Websites and help us analyze and improve the Websites. Performance or analytics cookies remain on your computer after you close your browser until you delete them.

DATA SECURITY

We employ commercially reasonable physical, technological and administrative security measures to protect your information from unauthorized access. No method of transmission or storage, however, is 100% secure. Although we take reasonable measures to protect and secure your information, we cannot promise, and you should not expect, that your information, searches, or other uses or communications on or through our website or our services will always remain completely secure. You should always take care and reasonable precautions with how you handle and disclose your information, and you should avoid sending Personal Information through unsecure email or other means. Please refer to the Federal Trade Commission’s website at www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft. If we learn of a security breach that results in the unauthorized access to or disclosure of your Personal Information, we may attempt to notify you so that you can take appropriate protective steps.

To protect your personal information against unauthorized access, theft and loss, we employ a variety of physical, technical, and organizational measures. We restrict access to your personal information to those employees who need access to service your account or perform their job functions.

Although we take precautions intended to help protect the personal information that we process, no system or electronic data transmission is completely secure. Any transmission of your personal information is at your own risk and we expect that you will use appropriate security measures to protect your personal information.

We may suspend your use of all or part of the website, offerings, or services without notice if we suspect or detect any breach of security. You understand and agree that we may deliver electronic notifications about breaches of security to the email address that you provided to us.

If you create an account, you are responsible for maintaining the security of and the information in your account, including your password.

If you believe that your account or personal information is no longer secure, please notify us immediately at MAIL@MAIL.COM.

We will retain your personal information for the period necessary to fulfill the purposes for which it was collected and as outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The criteria used to determine our personal information retention periods may include:

  • The amount of time we have an existing relationship with you;

  • Whether we are legally obligated to retain the personal information;

  • Whether we need to retain your information for legal reasons such as for statutes of limitations, litigations, or regulatory investigations.

CROSS BORDER DATA TRANSFERS

If you are located outside the United States and choose to provide information to us, or if we collect information about you, we transfer such information, including any personal information, to the United States for processing. Your consent to this Privacy Policy and provision of such information (if applicable) represents your agreement to the foregoing transfer.

Affected rights for European Union website visitors via GDPR

In connection with the data processing presented here, you have the right to:

  • Request information about your personal data processed by us. In particular, you can request information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of the right to complain, the source of their data, if not collected from us, and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;

  • Demand the correction of incorrect or complete personal data stored with us;

  • Demand the deletion of your personal data stored by us, unless the processing for the exercise of the right to freedom of expression and information, for the fulfillment of a legal obligation, for reasons of public interest or for the assertion, exercise or defense of Legal claims is required;

  • Demand the restriction of the processing of your personal data. Dispute the accuracy of the data that the processing is unlawful, or whether we continue need the data. You can exercise a defense of your legal claims where you have objected to the data processing in accordance with Art. 21 GDPR;

  • Receive your personal data provided to us in a structured, standard and machine-readable format or to request transmission to another person responsible;

  • Revoke your once given consent to us at any time. As a result, we are not allowed to continue the data processing based on this consent cancellation.

  • Contact the supervisory authority of your usual place of residence or workplace or our Contact branch in Berlin, Germany.

Withdrawal and Rights

If you are subject to GDPR, you have the right to object to the processing of your personal data provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.

You also have the right to revoke a consent once given to us at any time. As a result, we will not continue the data processing based on this consent for the future. By the revocation of the consent, the legality the processing on the basis of the consent until the revocation is not affected.

If you would like to exercise your right to revocation or objection, please send an email to MAIL@MAIL.COM.

CHILDREN’S INFORMATION

We do not knowingly collect any information from children under the age of 18. If a parent or legal guardian becomes aware that his or her child is using our services, or has provided us with any personally identifiable information, he or she should contact us at MAIL@MAIL.COM. If we become aware that a child under 18 has provided us with any personally identifiable information, we will promptly delete such information along with the child’s account.

California Privacy Notice

The California Consumer Privacy Act (CCPA) places certain obligations on organizations that collect personal information of California consumers. As a result, we are updating our Privacy Policy to include a description of additional rights granted by CCPA and provide California consumers with required disclosures about the collection of personal information.

This California Privacy Notice applies to the processing of Personal Information of residents of the State of California (California Consumers) as required by the California Consumer Privacy Act of 2018 (CPA). For the purposes of this discussion regarding California Consumers, the term personal information is used to include information that identifies, relates to, describes, is capable of being associated with or could reasonably be linked, directly or indirectly, with a particular California Consumer or household.

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the relevant sections, above. We collect this information for the business and commercial purposes described above. We may share this information with the categories of third parties described above (as such term is defined in the CCPA). Please note that we may use third-party cookies for our advertising purposes.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” of their personal information that may be occurring, and to not be discriminated against for exercising these rights.

We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Please note:

  • We may not honor part or all of a request you make to exercise your rights under CCPA – for example, certain information we collect is exempt from this California Privacy Notice, such as publicly-available information collected from a government agency. When this occurs and we do not honor your request, we will explain why in our response.

California Privacy Rights

California consumers have the following rights:

  • You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources used to collect the information, the purpose for collecting such information, and the categories of third parties with whom we share such information.

  • We do not sell your personal information, and will not sell your personal information without providing you the ability to opt out. You have the right to request information about our disclosure for business purposes of your Personal Information to third parties.

  • You have the right to request the deletion of your Personal Information.

  • You have the right to not be discriminated against for exercising any of these rights.

Change Requests

California consumers may make a request pursuant to their rights under the CCPA by contacting us at the email address or telephone number at the bottom of this privacy policy.

UPDATES TO THIS PRIVACY POLICY

The “Last Updated” legend at the top of this privacy policy indicates when this privacy policy was last revised. Any changes will become effective when we post the revised privacy policy on the Services. Your use of the website, smart contracts, offerings, or services following these changes means that you accept the revised Privacy Policy.

CONTACT US

You may contact us with any requests, changes, deletions, concerns, or questions at:

MetaFactory

hello@metafactory.ai (please include “California Privacy Rights” in the subject line)