Privacy Policy

Last Updated: November 8, 2023

Bitbrand, Inc. d/b/a Bitbrand ("Bitbrand," "we", "us", or "our") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the information we collect, use, and share in connection with the Bitbrand and Bitbrand websites, mobile apps, and other services we provide to you (collectively, the "Service").

Types of Information We Collect. We collect information about our users, which may be identifiable, pseudonymous, or anonymous (including aggregated and de-identified data), as described below.
1. Information You Provide Us.
  1. Account Information.When you use our Service, you can add information to your account. We collect information and other data you add to your account, such as email address, username, linked social media accounts, favorited items and watchlisted collections, and other information you provide. Your Account Information (other than your email address) will be publicly visible. Remember public content can exist elsewhere on the internet even after you remove it from your account on Bitbrand.
  2. Preferences. Our Service lets you store preferences like how your content is displayed, notification settings, and favorites. We may associate these choices with your account, browser, and/or mobile device.
  3. Feedback. If you provide us with feedback or contact us, we may receive your name and contact information (such as an email address), as well as any other content included in or associated with the message you send.
  4. Other Information. We also collect information and other data at other points in our Service where you voluntarily provide it or where we state that your information is being collected.
2. Information Collected Automatically. As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information, including:
  1. Interactions with our Service. To provide our Service, analyze trends, enforce our Terms of Service, and make the Service more useful to you, we collect information (typically Anonymous Data) from you when you interact with our Service, including, but not limited to, your browser type or fingerprint, 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.
  2. Do Not Track. As there is no common understanding about what a "Do Not Track" signal is supposed to mean, we don’t respond to those signals in any particular way. See further information below regarding how you may be able to withdraw your consent for the use of certain tracking technologies like cookies and pixel tags.
3. Information Collected from Third-Party Companies. 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 our Service, or whose products and/or services may be linked from our Service. We may add this to the data we have already collected from or about you through our Service. This information may include, for example:
  1. third-party wallet providers that provide us with your blockchain wallet address and certain other information you choose to share with those wallet providers;
  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.
4. 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 purchases, sales, or transfers of DIGITAL PRODUCTs, which may then be associated with other data you have provided to us.
Use of Your Information.
1. We process information about and/or related to you to run our business, provide the Service, personalize your experience on the Service, and improve the Service. Specifically, we use your information to:
  1. provide, operate and maintain the Service;
  2. improve and analyze the Service;
  3. analyze, improve, and personalize your use and experience on the Service, including by making recommendations to you;
  4. communicate with you;
  5. investigate, address, and prevent conduct that may violate our Terms of Service and/or that is otherwise harmful or unlawful;
  6. send you newsletters, promotional materials, and other notices related to our Service or third parties’ goods and services;
  7. comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law, and/or to protect our and our Affiliates’ legal rights; and
  8. act in any other way which we have communicated to you and to which you have consented or we may describe when you provide your information.
2. We may create anonymized records from identifiable information. We use this data for the same purposes as outlined above, including to improve our Service. We reserve the right to use and/or disclose anonymized information for any purpose.
Disclosure of Your Information. We disclose your information and information about you as described below:
1. Third Party Service Providers. We may share your information and information about you 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 or potential violations of our Terms of Service or policies; provide technical and customer support; and/or to provide other support to you, us, and/or to the Service.
2. Affiliates. We may share some or all of your information and information about you with any subsidiaries, joint ventures, or other companies or products under our common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.
3. Information Related to Your Public Activity. We may display or share information relating to your public activity on blockchains, Bitbrand, and/or Bitbrand Pro. For example, we use technology like APIs to make certain information like your blockchain activity available to websites, apps, and others for their use.
4. Corporate Restructuring. We may share some or all of your information and information about you in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving a sale, transfer, or divestiture of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, your information and information about you may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the information collected by us and will assume the rights and obligations regarding your information and information about you as described in this Privacy Policy.
5. Legal Rights. Regardless of any choices you make regarding your information (as described below), Bitbrand may disclose your information and information about you 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 Bitbrand; (c) to protect or defend the rights or property of Bitbrand or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.
6. Other Disclosures. We may also disclose your information and information about you: to fulfill the purpose for which you provide it, including to provide you with our Service and new features; for any other purpose disclosed by us when you provide it; or with your consent.
Third-Party Websites. Our Service may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect information from you. We have no control over and cannot be responsible for these third-party websites or their content. Please be aware that this Privacy Policy does not apply to these third-party websites or their content, or to any collection of your information or information about you after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.
Third-Party Wallets. To use certain aspects of our Service, you must use a third-party 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.
Your Choices Regarding Information. You have choices regarding the use of information on our Service:
1. Email Communications. We may periodically send you newsletters and/or emails that directly promote the use of our Service or third parties’ goods and services. 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 through the Notifications preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.
2. 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, you can change your browser settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information to learn more. 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.
Data Access and Control. You can view, access, edit, or delete your information and information about you for certain aspects of the Service via your Settings page. Depending on applicable law where you reside, you may be able to assert certain rights related to your information and information about you. If such rights are not provided under law for your operating entity or jurisdiction, Bitbrand has full discretion in fulfilling your request.
1. If you are a user in the European Economic Area ("EEA"), United Kingdom ("UK") or Switzerland, you have certain rights under applicable law. These include the right to (i) request access and obtain a copy of your personal information; (ii) request rectification or erasure of your personal information; (iii) object to or restrict the processing of your personal information; and (iv) request portability of your personal information. Additionally, if we have collected and processed your personal information with your consent, you have the right to withdraw your consent at any time.
2. If you are a California resident, you have certain rights under the California Privacy Rights Act ("CPRA"). 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 CPRA, we do not "sell" your "personal information."
3. If you wish to exercise your rights under an applicable data protection or privacy law, please contact us at customerservice@bitbrand.com or at the address provided in Section 15 below, specify your request, and reference the applicable law. 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.
4. If you believe that we have infringed your rights, we encourage you to first contact us by using the "Submit a request" at customerservice@bitbrand.com so that we can try to resolve the issue or dispute informally.
Data Retention. We may continue to retain your information or information about you even after you request deletion of your data if such retention is reasonably necessary to comply with our legal obligations, to resolve disputes, prevent fraud and abuse, enforce our Terms or other agreements, and/or protect our legal rights and other interests.
Security. We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems, or those of our vendors. In the event that any information under our custody and control is compromised as a result of a breach of our security, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, may notify those individuals whose information may have been compromised.
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 relatedto your wallet, please contact your wallet provider.
Minors. We do not intentionally gather information from visitors who are under the age of 13. Our Terms of Service require all users to be at least 18 years old. Minors who are at least 13 years old but are under 18 years old may use a parent or guardian’s account, but only with the supervision of the account holder. If a child under 13 submits identifiable information to us and we learn that the identifiable information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any identifiable information from a child under 13, please contact us at customerservice@bitbrand.com.
Users Outside of the United States. If you are a non-U.S. user of the Service, by visiting the Service and providing us with information directly or indirectly, you understand and acknowledge that your information and information about you may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of your information or information about you may be less stringent than the laws in your country.
For users in EEA, UK and Switzerland

We process your personal data with your consent, for example, to: communicate with you; send you marketing emails and/or notifications; and for any other purpose that we communicate to you and to which you have consented.
We process your personal data in order to fulfill our contract with you and to provide you with our Service, for example, to: provide, operate and maintain the Service; and investigate, address, and prevent conduct that may violate our Terms of Service.
We process your personal data pursuant to legitimate interests, for example, to: improve and analyze the Service; and personalize your experience on the Service.
We process your personal data in order to comply with legal obligations, in the public interest, or in your vital interests, for example, to: detect, prevent, and address activities that we consider could be fraudulent, violations of our Terms of Service or policies, and/or otherwise harmful or unlawful.

Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on www.bitbrand.com. The date the Privacy Policy was last revised is identified at the beginning of this Privacy Policy. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes.
California Privacy Rights Disclosure.
1. The categories of personal information we collect about users, as described above in Section 1, include: (1) identifiers, (2) commercial information, (3) internet or online identifiers, (4) geolocation data, and (5) information derived from other personal information about you.
2. The categories of sources from which the personal information is collected are described above in Section 1.
3. The business or commercial purpose for collecting personal information are described above in Sections 2 and 3.
4. The categories of personal information we share with third parties, as described above in Section 3, include: (1) identifiers, (2) commercial information, (3) internet or online identifiers, (4) geolocation data, and (5) information derived from other personal information about you.
Questions; Contacting Us; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at customerservice@bitbrand.com.

PRIVACY DISCLOSURES for California Residents

This section applies to you if you are a resident of the state of California and provides additional information about how we collect, use, disclose and otherwise process Personal Information of individual residents of the state of California within the scope of the California Consumer Privacy Act of 2018 ("CCPA"). In addition to our Personal Information processing activities relating to our Services, this section also addresses Personal Information we may process offline.

For purposes of this section, "Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include information that is made publicly available from government records, that is deidentified or aggregated such that it is not capable of being associated with you, or that is otherwise excluded from the CCPA’s scope. This section also does not apply to information relating to our employees, contractors, applicants and other personnel.

Collection and Use of Personal Information

Identifiers, such as name, Account email address and password, IP address, social media username and other unique personal identifiers;
California Customer Records (Cal. Civ. Code § 1798.80(e)), such as email address, telephone number, billing address, shipping address, birthday (month/day), currency or notification preferences, responses to interest-based questions, payment information (such as cardholder name, billing address, credit card number, expiration date, authentication code, check routing number, account number or related information);
Commercial Information, such as products or Services purchased, added to your cart or of interest to you;
Internet/Network Information, such as log data (including IP address, date and time of access, device information) and clickstream data (such as your actions on our websites);
Geolocation Data, such as your general geographic location based on your IP address or more precise location when accessing our websites through a mobile device;
Professional/Employment Information, such as current job and title, or resume information;
Other Personal Information, such as your entries in surveys, sweepstakes, contests or other promotions, and the feedback or custom message you provide in connection with a request, inquiry or comment directly to us or through a third-party platform (such as social media);
Inferences, such as deriving products of interest based on your shopping preferences and other Personal Information we have collected about you.

We collect this information directly from you, from your browser or device when you interact with our Sites, from our partner "stores," from advertising providers, from third-party platforms such as social media websites and from other publicly available sources. For more information about the Personal Information we collect and how we collect it, please refer to the Our Collection of Personal Information section of this Privacy Notice.

We collect Personal Information from and about you for a variety of purposes. For example, we use Personal Information to create and maintain your account with us; to communicate with you; to facilitate, process and fulfill orders you place with us or the services you request; to conduct surveys, sweepstakes, contests and other promotions; to analyze and improve the use of our Sites; to deliver marketing communications and personalized and non-personalized advertising, and to improve our products and services. For more information about our use of Personal Information, please refer to the Our Use of Personal Information section of this Privacy Notice.

Disclosure and "Sale" of Personal Information

We share Personal Information with third parties as set forth in our Privacy Notice.

The categories of third parties to whom we disclose your Personal Information may include our affiliates, our service providers that perform services or functions on our behalf, marketing partners, and certain third parties where you have provided consent or where we are required by law.

As is common practice among companies that operate online, we also allow certain third-party providers to collect information about consumers directly through our websites and other online Services for purposes of analyzing and optimizing our Services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a "sale" under the CCPA, please refer to the Submitting Requests section below regarding your right to opt-out.

Your California Privacy Rights

Right to Know: You have the right to request any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity:
The specific pieces of Personal Information we have collected about you;
The categories of Personal Information we have collected about you;
The categories of sources of the Personal Information;
The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of Personal Information we have sold about you (if any) and the categories of third parties to whom the information was sold; and
The business or commercial purposes for collecting or, if applicable, selling Personal Information about you.
The Right to Request Deletion: You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions.
The Right to Opt-Out of Personal Information Sales: You have the right to direct us not to sell Personal Information we have collected about you to third parties. If you are under the age of 16, you have the right not to have your information sold, unless you, or your parent or guardian, affirmatively authorize such sales (the "Right to Opt-In").

You also have the right to be free from discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same manner.

A list of the categories of certain Personal Information that we have disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes; and
The names and addresses of all such third parties.

Submitting Requests

To Exercise Your Right to Know, Right to Deletion or "Shine the Light" Right. To exercise your right to know, right to deletion or "Shine the Light" right, please submit a request specifying the right you wish to exercise by:

Emailing legal@bitbrand.com with the subject line "California Rights Request,"

We may need to verify your identity before processing your request, which may require us to request additional Personal Information from you or require you to log into your account (if applicable). We will only use Personal Information provided in connection with your request to review and process your request.

In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To Exercise Your Right to Opt-Out of Personal Information Sales. To initiate your request to opt out of Personal Information sales, please click the link below to email us at legal@bitbrand.com with the subject line "California Sale Opt-Out". To the extent our third-party advertising and analytics providers’ collection of information from users of our web sites and other online Services constitutes a "sale" under the CCPA, please refer to our Cookie Notice for more information about the choices and opt-out options you have in relation to those practices. By visiting www.privacyrights.info or www.optout.privacyrights.info, you can also opt out from "sales" of this type of Personal Information by businesses that participate in the DAA’s CCPA Opt-Out Tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices.

Do Not Sell My Personal Information

PRIVACY DISCLOSURES for
THE EUROPEAN ECONOMIC AREA

Scope of Disclosures

These Additional European Economic Area (EEA) Privacy Disclosures supplement the information contained in our Privacy Notice, but unlike the Privacy Notice, these Disclosures apply only to our processing of your Personal Data where you are based in the EEA.

Birbrand Inc. is the data controller responsible for the collection and use of such Personal Data.

Personal Data Disclosures

When we use the term "Personal Data" in these Disclosures, we mean any information relating to an identified or identifiable natural person.

Legal Bases for Processing

For the performance of a contract (Art. 6 para. 1 lit. b GDPR);
For the purpose of legitimate interests (Art. 6 para. 1 lit. f GDPR), as described in more detail in the Our Collection of Personal Information section of the Privacy Notice;
For compliance with legal obligations and legal claims (Art. 6 para. 1 lit. c GDPR); and
Consent to the extent you have provided consent (Art. 6 para. 1 lit. a GDPR).

You are not required to provide Personal Data to us, but we do rely on your Personal Data to provide certain of our Services and products. For example, we need your Personal Data to facilitate and deliver an order that you request. If you choose not to provide us with your Personal Data, we may not be able to provide you with a service or product you request.

Data Retention

We retain Personal Data about you for as long as is necessary for the purposes set out in these Disclosures, unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights.

The criteria used to determine the period for which Personal Data about you will be retained varies depending on the legal basis under which we process the Personal Data:

Legitimate Interests	Where we are processing Personal Data based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects
Consent	Where we are processing Personal Data based on your consent, we generally will retain the information for the period of time necessary to fulfill the underlying agreement with you, subject to your right, under certain circumstances, to have certain of your data erased (please see the Your Privacy Rights section below)
Contract	Where we are processing Personal Data based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship
Legal Obligation	Where we are processing Personal Data based on a legal obligation, we generally will retain the information for the period of time necessary to fulfil the legal obligation
Legal Claim	We may need to apply a "legal hold" that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the Personal Data, as well as the potential risk of harm from unauthorized use or disclosure of your Personal Data.

International Data Transfers

We may transfer Personal Data about you among us and to our subsidiaries or affiliates, as well as to the categories of third parties identified in the Our Disclosure of Personal Information section of the Notice. Personal Data may be transferred to, stored and processed in a country other than the one in which it was collected, including, but not limited to, the United States. The country to which Personal Data is transferred may not provide the same level of protection for Personal Data as the country from which it was transferred.

We may transfer Personal Data about you outside the EEA and when we do so, we rely on appropriate or suitable safeguards recognized under the GDPR including adequacy decisions and standard contractual clauses.

Your Privacy Rights

You have the following rights in relation to your Personal Data (subject to certain limitations at law):

Access	The right to access and obtain a copy of Personal Data about you, as well as information relating to its processing.
Rectification	The right to correct or update any Personal Data about you that is inaccurate or incomplete.
Restriction of Processing	The right to require us to limit the purposes for which we process your Personal Data if the continued processing of the Personal Data in this way is not justified, such as where the accuracy of the Personal Data is contested by you.
Erasure	The right to request the deletion or erasure of Personal Data about you without undue delay if the continued processing of that Personal Information is not justified.
Portability	The right to obtain a copy of Personal Data about you in an easily accessible format and the right to transmit that Personal Data to another controller.
Objection to Processing	You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your Personal Data, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

Please note that if the exercise of these rights limits our ability to process Personal Data, we may not be able to provide our products or Services to you, or otherwise engage with you going forward.

Right to Withdraw Consent

Where we rely on your consent for processing of your Personal Data, you also have the right to withdraw your consent to such processing, subject to certain limitations at law. Please contact us to withdraw any consent you may have provided to us.

Submitting Requests

To submit a request, please contact us as at legal@bitbrand.com. We may need to verify your identity before processing your request, which may require us to obtain additional Personal Data from you. In certain circumstances, we may decline a request to exercise the rights described above.

Right to Lodge a Complaint

If you have any complaints regarding our privacy practices, you have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority).

If you have any questions or requests in connection with this Notice or other privacy-related matters, please send an email to legal@bitbrand.com

Alternatively, inquiries may be addressed to:

Bitbrand Inc.
Attn: Legal
1216 Broadway,
10001, New York, New York
Email: legal@bitbrand.com