PRIVACY POLICY

Last Updated November 21, 2022

PROOF Holdings, Inc. (“Proof”) offers community-centric NFT products that celebrate art, connect collectors, and activate creative entrepreneurship. This Privacy Policy explains how we handle personal information that we collect through the Proof Collective, Moonbirds, Oddities, and any other sites or services that link to this Privacy Policy

1. PERSONAL INFORMATION COLLECTION

Personal Information You Provide: We collect the following categories of personal information from you:

• Account and Contact Information: We may collect your name, email address, username, shipping address, social media handles, biography and profile picture (if you choose to add one).
• Wallet Information: We may collect the cryptocurrency wallet IDs you provide to us when you buy, store, and transfer NFTs or other digital assets.
• Payment and Transaction Information: We work with third-party wallet extensions for conducting cryptocurrency transactions. Your interactions with third-party electronic wallet extensions are governed by those businesses’ own privacy policies.
• Community Information: We may collect information relating to your participation in the Proof community, including the events you attend, the perks you redeem, and any information you share through our Discord community platform.
• Communication Information: We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback.
• Marketing information: We may collect information relating to your preferences for receiving communications about our activities, events, and publications, and details about how you engage with our communications.

Personal Information We Obtain From Third Parties: We collect the following categories of information from third parties:

• Social Media Information: We maintain a social media presence on platforms like Instagram, Facebook, Twitter, and LinkedIn. When you interact with us on social media, we may receive personal information that you provide or make available to us based on your settings, such as your contact details. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information.
• Third-party login information. When you link, connect, or login to our services with a third party service (e.g. Google or Twitter), you direct the service to send us information about you as controlled by that service or as authorized by you via your privacy settings at that service.
• Public sources: We may combine personal information we receive from you with information we obtain from other public sources, such as blockchains.

Internet Activity Information: When you visit, use, and interact with our services, the following information may be created and automatically logged in our systems:

• Device Information: The manufacturer and model, operating system, IP address, and unique identifiers of the device, as well as the browser you use to access the services. The information we collect may vary based on your device type and settings.
• Usage Information: Information about how you use our services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.

The following technologies may be used to collect Internet Activity Information:

• Cookies, which are text files stored on your device to uniquely identify your browser or to store information or settings in the browser to help you navigate between pages efficiently, remember your preferences, enable functionality, help us understand user activity and patterns, and facilitate online advertising.
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

2. PERSONAL INFORMATION USE

We use personal information for the following purposes:

Service Delivery. We use personal information to operate, maintain, and provide you with our services. In particular, we will use personal information to perform our contractual obligation under our terms of use, such as to allow you to open an account, obtain perks, and use the services.

Communicate With You About the Services. It is in our legitimate business interests to use personal information to respond to your requests, provide customer support, and communicate with you about our services, including by sending announcements, updates, security alerts and support and administrative messages.

Improve, Monitor, Personalize, and Protect the Services. It is in our legitimate business interests to improve and keep our services safe for our users, which includes:

• improving the services and creating new features;
• personalizing your experience; and
• creating and deriving insights from de-identified and aggregated information.

Marketing and Advertising: We and our advertising partners may use personal information for marketing and advertising purposes, including to send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events by email and other means.

Except where consent is required, we undertake such marketing and advertising on the basis of our legitimate business interest. Where we seek your consent, you may withdraw your consent at any time.

Compliance and Protection. We may use personal information to comply with legal obligations, and to defend us against legal claims or disputes, including to:

3. PERSONAL INFORMATION SHARING

Our Sharing: We do not sell personal information. We may share the categories of personal information described above without further notice to you, unless required by the law, with the following categories of third parties:

• Affiliates: We may share personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
• Third parties: You may direct us to share personal information with third parties, such as artists or collectors.
• Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share personal information with service providers, including hosting services, cloud services, and other information technology services, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and analytics services. Pursuant to our instructions, these parties will access, process, or store personal information in the course of performing their duties to us.
• Professional Advisors: We may share personal information with our professional advisors such as lawyers and accountants where doing so is necessary to facilitate the services they render to us.
• Business Transfers: If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, dissolution, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), we may share personal information in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of or following that Transaction along with other assets.
• Legal Requirements: We do not volunteer personal information to government authorities or regulators, but we may disclose personal information where required to do so for the Compliance and Protection purposes described above.

Your Sharing: Through the services, you may be able to make personal information available to others, including:

• Other users and the public, when you post content through the Discord community platform and engage in public transactions through the services; and
• Social media platforms, when you choose to share content on social media.

4. CHILDREN

Our services are not directed to children who are under the age of 16. Proof does not knowingly collect personal information from children under the age of 16. If you believe that a child under the age of 16 provided personal information to Proof please contact us and we will delete that information.

5. LINKS TO OTHER WEBSITES

The services may contain links to other websites not operated or controlled by Proof, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

6. SECURITY

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of personal information. You use the services at your own risk.

7. PRIVACY RIGHTS AND CHOICES

Update or Correct Personal Information: You can contact us and request any updates or corrections needed to keep your personal information accurate, current, and complete.

Opt Out of Marketing Communications: You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in any marketing communication we send you. Please note, however, that you may continue to receive communications as described in the “Communicating with You about the Services” section after opting out of marketing communications.

Personal Information Requests: We also offer you choices that affect how we handle the personal information that we control. Depending on your location and the nature of your interactions with our services, you may request the following in relation to personal information:

• Information about how we have collected and used personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
• Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need to provide the services or for other lawful purposes.
• Additional rights, such as to object to and request that we restrict our use of personal information.

To make a request, please email us or write to us as provided in the “Contact Us” section below. We may ask for specific information from you to help us confirm your identity. California residents can empower an “authorized agent” to submit requests on their behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on Your Choices. In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. If you are not satisfied with how we address your request, you may submit a complaint by contacting us as provided in the “Contact Us” section below.

Blocking Cookies in Your Browser: Most browsers let you remove or reject third-party cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.

Use the following links to learn more about how to control cookies and online tracking through your browser: Firefox; Chrome; Microsoft Edge; Safari.

Using Privacy Plug-ins or Browsers: You can block our services from setting cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.

Do Not Track. We currently do not respond to “Do Not Track” or similar signals. Learn more about “Do Not Track” here.

8. INTERNATIONAL DATA TRANSFERS

You will provide personal information directly to our website in the United States. We may also transfer personal information from Europe to our affiliates and service providers in the United States and other jurisdictions. Please note that such jurisdictions may not provide the same protections as the data protection laws in your home country.

When we engage in cross-border data transfers, we will ensure that relevant safeguards are in place to afford adequate protection for personal information and we will comply with applicable data protection laws, in particular by relying on an EU Commission or UK government adequacy decision or on contractual protections for the transfer of personal information. For more information about how we transfer personal information internationally, please contact us as set out in the “Contact Us” section below.

9. RETENTION OF PERSONAL INFORMATION

We retain personal information only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws and regulatory obligations or until you withdraw your consent (where applicable).

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of personal information, the purposes for which we use personal information and whether we can achieve those purposes through other means, and the applicable legal and regulatory requirements.

10. CHANGES TO THE PRIVACY POLICY

The services and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by applicable law.

11. CONTACT US

Responsible Entity. Proof is the entity responsible for the processing of personal information and is the data controller in respect of such processing. Proof is not the controller of information that is stored on public blockchains, such as NFT products.

How to Contact Us. If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: [email protected].