Privacy Policy

Last Updated: November 27, 2022

This Privacy Policy ("Privacy Policy") is an integral part of our Terms of Use ("Terms") and governs the processing of information by Artfora Inc. ("Artfora," "Company,""we," "us," or "our") while you ("you" or "user") access, use or interact with our platform available at: https://www.artfora.com/, including but not limited to desktop, mobile, and tablet versions ("Platform") and the services provided therein ("Services").

Any capitalized terms not defined herein shall have the meaning ascribed to them in the Terms.

This Privacy Policy further explains how we safeguard your data and how you may exercise your rights related to your Personal Data, among others, and where applicable, as required according to the EU General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act ("CCPA").

In the event you are a California resident and the CCPA applies to you - please also review our CCPA Privacy Notice.

Please note that you are not required by law to provide us with Personal Data (as defined below). Providing Personal Data to us is entirely voluntary, provided however, that we will not be able to provide you with certain services or information without obtaining your Personal Data (for example, we will not be able to contact you in response to your inquiry if we will not have your contact details). Artfora shall be entitled to (however not obligated), to retain and store Personal Data in its database, as detailed under this Privacy Policy, and subject to applicable law.

  1. POLICY AMENDMENTS

    We reserve the right to amend this Privacy Policy from time to time, at our sole discretion. The most recent version of thus Privacy Policy will always be posted on the Platform and the update date will be reflected in the "Last Amended" heading. We will provide notice to you if these changes are material, and, where required by applicable law, we will obtain your consent. Any amendments to the Privacy Policy will become effective immediately, unless we notify otherwise. We recommend you review this Privacy Policy periodically to ensure that you understand our most updated privacy practices.

  2. CONTACT INFORMATION AND DATA PROCESSOR INFORMATION

    Artfora Inc. incorporated under the laws of the United States, is the Controller (as such term is defined under the GDPR or equivalent privacy legislation) of the Personal Data we collect from you.

    For any question, inquiry or concern related to this Privacy Policy or the processing of your Personal Data, you may contact by email: info@artfora.com.

  3. INFORMATION PROCESSED BY ARTFORA

    We may collect two types of information from you, depending on your interaction with us.

    The first type of information is non-identifiable and anonymous information ("Non-Personal Data"). We are not aware of the identity of the individual from who we have collected the Non-Personal Data. The Non- Personal Data which is being collected may include your aggregated usage information and technical information transmitted by your device such as: type of browser, internet service provider (ISP), operating system type and version, etc.

    The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual ("Personal Data").

    For the avoidance of doubt, any Non-Personal Data connected or linked to Personal Data shall be deemed as Personal Data as long as such connection or linkage exists.

    The table below details the types of Personal Data we process, the purpose, lawful basis, and our processing operations:

    DATA SETPURPOSE AND OPERATIONSLAWFUL BASIS

    Online IdentifiersWhen you interact with our Platform, we may collect your online identifiers, such as unique ID, Cookie ID, and IP address.

    We process such data when a you interact with our Platform through third party cookies for analytic, and fraud prevention purposes.

    Strictly necessary cookies which are required for the proper and basic operation of the Platform will be processed in our legitimate interest.

    Other cookies data, including any targeting and marketing cookies, will be processed subject to your consent. You may withdraw consent at any time by using the cookie preference settings as detailed in the Cookie section below

    Contact InformationIf you voluntarily contact us for support or other inquiries, you may be required to provide us with certain information such as your name, link to collection or contract address, email address, and additional information you decide to share with us.

    If you are contacting us on behalf of another person, we value your assistance and care for others, please note that it is your responsibility to make sure that any person whose Personal Data you provide is aware of the principles of this statement and agrees that you will provide Personal Data to us on this basis.

    We will use such data solely for the purpose of providing you with the support you requested or responding to your inquiry.

    The correspondence and its contents with you may be processed and stored by us in order to improve our customer service and in the event, we believe it is required to continue to store it, for example, in the event of any claims or in order to provide you with any further assistance (if applicable).

    We process this information subject to our legitimate interest.

    Blockchain InformationIn order to enable you to redeem the NFTs' physical artworks available on the Platform and provide you with the Services, we will collect the your Cryptocurrency wallet address.

    We will use this information for the purpose of providing you with the Services that you requested.

    We process such information for the purpose of performing our contract with you.

    Please note that the processing of such data will be subject to the platform's Privacy Policy where your blockchain wallet is managed which we recommend you review.

    Shipping InformationIn order to enable you to ship the selected NFTs' physical artworks available on the Platform and provide you with the Services, you will be required to provide us with your contact information, including name, address (street address, country, state, city, and postal code), and phone number.

    We will use this information for the purpose of providing you with the Services that you requested.

    We process such information for the purpose of performing our contract with you.

    ChatIn order to us the chat available on the Platform, you will be required to set up an account with Discord providing your contact information such as your name, email address, password, etc.

    We will use this information for the purpose of providing you with the chat services that you requested.

    We process such information for the purpose of performing our contract with you.

    Please note that the processing of such data will be subject to Discord's Privacy Policy which we recommend you review.

    Please note that the actual processing operation per each purpose of use and lawful basis detailed in the table above may differ. Such processing operation usually includes a set of operations made by automated means, such as collection, storage, use, disclosure by transmission, erasure, or destruction. The transfer of Personal Data to third-party countries, as further detailed in the Transfer of Data section below, is based on the same lawful basis as stipulated in the table above.

    In addition, we may use certain Personal Data to prevent potentially prohibited or illegal activities, fraud, misappropriation, infringements, identity thefts, and any other misuse of the Services and to enforce the Terms, as well as to protect the security or integrity of our Platform and the Services, and to take precautions against legal liability. Such processing is based on our legitimate interests.

    We may collect different categories of Personal Data and Non-Personal Data from you, depending on the nature of your interaction with the Platform, as detailed above.

  4. HOW WE COLLECT INFORMATION

    Depending on the nature of your interaction with the Platform, we may collect information as follows:

    • Automatically - we may use cookies (as elaborated below) or similar tracking technologies to gather some information automatically when you interact with our Platform.
    • Provided by you voluntarily - we will collect information if and when you choose to provide us with the information such as contact us inquiries, shipping information, etc.
  5. COOKIES & TRACKING TECHNOLOGIES

    As explained above, we use cookies to improve your experience while using the Platform. Cookies are small text files implemented on the user's computer or web browser that allow some tracking and identification of the user to collect data regarding its data usage. We may use various types of Cookies, such as:

    • Essential Cookies - which are strictly necessary for the Platform to work correctly (usually appear under our name/cookie tag);
    • Functional Cookies - designated to save your settings on the Platform - your language preference or other view preferences (also, under our name/cookie tag);
    • Session Cookies - used to support the Platform's functionality - such Cookies are usually stored only temporarily during a browsing session and are deleted from your device when you close the browser.
    • Social Networks Cookies - dSocial Plug-In Cookies (e.g., Facebook, Twitter, LinkedIn Cookies, etc.) enable sharing information with your social network's accounts.
    • Analytics Cookies - Give us aggregated and statistical information to improve the services and further develop it such as Google Analytics.

    Please note that the data collected by the use of Cookies may be linked to and combined with any other data, including Personal Data.

    In addition, Cookie's data is usually collected through the use of third-party services, like Google, Facebook, etc. In those cases, your Personal Data might be transferred to those third parties, which might link it and use it together with other information they have on you from other sources. Such data is "owned" and processed separately by those third-parties under their terms and conditions and the direct accounts or subscriptions you have with those third parties. For example, if you have a Facebook account, the Personal Data collected through Facebook's Cookies on the Platform might be linked to other data that Facebook collects from you as a Facebook user, and might be used by Facebook per the independent agreements between you and Facebook.

    The specific cookies we currently use on our Platform are detailed in the table below:

    COOKIE NAMEPURPOSEEXPIRY

    __Host-next-auth.csrf- token

    Session Cookies

    When the browsing session ends

    __Secure-next-auth.callback-url

    Session Cookies

    When the browsing session ends

    __Secure-next-auth.session-token

    Session Cookies

    1 month

    _ga_S2VM3WMN06

    Analytics Cookies

    2 years

    _ga

    Analytics Cookies

    2 years

  6. SHARING PERSONAL DATA

    We share your Personal Data with third parties, including our partners or service providers that help us provide our Services. You can find in the table below information about the categories of such third-party recipients.

    CATEGORY OF RECIPIENTDATA THAT WILL BE SHAREDPURPOSE OF SHARING

    Trusted agents and service providers

    All types of Personal Data

    We may disclose Personal Data to our trusted agents and service providers (such as our Cloud Service Provider) so that they can perform the requested services on our behalf. Thus, we share your data with third party entities, for the purpose of storing such information on our behalf, or for other processing needs. These third-party service providers have access to Personal Data needed to perform their functions, but they are prohibited from using your Personal Data for any purposes other than providing us with requested services.

    Artists

    Shipping Information and Blockchain Information

    We will disclose and share Personal Data with Artists so that may send you the requested Art Object redeemed by you.

    Any acquirer of our business

    All types of Personal Data

    We may share Personal Data, in the event of a corporate transaction (e.g., sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy.

    Enforcement of our rights and security detections.

    All types of data

    We may disclose Personal Data to enforce our policies and agreements, as well as defend our rights, including the investigation of potential violations thereof, alleged illegal activity or any other activity that may expose us, you, or other users to legal liability, and solely to the extent required. In addition, we may disclose Personal Data to detect, prevent, or otherwise address fraud, security, or technical issues, solely to the extent required.

    Legal and law enforcement

    Subject to law enforcement authority request.

    We may share certain data when we believe it is appropriate to do so in order to comply with the law enforcement, governmental agencies or authorized third parties, or protect the rights, property, or security of Artfora or others.

  7. YOUR RIGHTS RELATED TO YOUR PERSONAL DATA

    We acknowledge that different individuals have different privacy concerns and preferences. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. We provide you with the ability to exercise certain choices, rights and controls in connection with your Personal Data. Depending on your relationship with Artfora, data protection and privacy laws provide you with various rights concerning your Personal Data, including (and depending on your jurisdiction): the right to access your Personal Data that we process; the right to ensure your Personal Data is accurate, complete and up to date; the right to have your Personal Data amended (by correcting, deleting or adding information); the right to object to the processing of your Personal Data, to the extent applicable; the right to withdraw consent, subject to legal or contractual restrictions and reasonable notice; the right to non-discrimination and the right to cease sharing or selling your Personal Data as such term is defined under the CCPA (as further detailed in the CCPA Privacy Notice).

    You may exercise any or all of your rights in relation to your Personal Data by filling out the Data Subject Request ("DSR") form available here, and send it to our privacy team at: info@artfora.com.

    Where we are not able to provide you with the information for which you have asked, we will endeavor to explain the reasoning for this and inform you of your rights, including the right to complain to the supervisory authority (in the event you are EEA resident). We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any such information in accordance with applicable law.

  8. DATA RETENTION

    We retain Personal Data we collect as long as it remains necessary for the purposes set forth above, all in accordance with applicable laws, or until an individual expresses a preference to opt-out.

    Other circumstances in which we will retain your Personal Data for longer periods of time include: (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements; (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges; or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data. Please note that except as required by applicable law, we may at our sole discretion, delete or amend information from our systems, without notice to you, once we deem it is no longer necessary for such purposes.

  9. SECURITY

    At Artfora, security is our highest priority. We design our systems with your security and privacy in mind. We have implemented physical, technical, and administrative security measures for the services that comply with applicable laws and industry standards. Some of the methods that we use to protect your Personal Data includes: maintaining compliance programs that validate our security controls; protecting the security of your information during transmission to or from our Platform by using encryption protocols and software.

    Note that we cannot be held responsible for unauthorized or unintended access beyond our control, and we make no warranty, express, implied, or otherwise, that we will always be able to prevent such access.

    Please contact us at: info@artfora.com if you feel that your privacy was not dealt with properly, in a way that was in breach of our Privacy Policy, or if you become aware of a third party's attempt to gain unauthorized access to any of your Personal Data. We will make a reasonable effort to notify you and the appropriate authorities (if required by applicable law) in the event that we discover a security incident related to your Personal Data.

  10. TRANSFER OF DATA

    We may store or process your Personal Data in the EU, the United States or in other countries. Thus, any information you provide us may be transferred to and processed in countries other than the country from which you accessed our Platform. We will take appropriate measures to ensure that your Personal Data receives an adequate level of data protection upon its transfer. When Personal Data that was collected within the EEA is transferred outside the EEA, we will take necessary steps in order to ensure that sufficient safeguards are provided during the transferring of such Personal Data. You may exercise your rights, where applicable, to receive information regarding the transfer mechanism that was used during such transfer. Personal Data transferred outside the EEA is transferred, in all cases pursuant to standard contractual clauses approved by the European Union ("SCCs"). Additionally, following the withdrawal of the United Kingdom (UK) from the European Union on January 31, 2020, the UK is no longer considered to be a part of the EEA and therefore, the transferring of Personal Data from the EEA to the UK will also be subject to the SCCs or other contractual clauses that will ensure the security of the Personal Data (pending an adequacy decision from the European Commission).

  11. CHILDREN

    Our Platform is not intended for use by children and we do not knowingly collect or maintain information about anyone under the age of 16. Please contact us at: info@artfora.com if you have reason to believe that a child has shared any information with us.