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Confidentialité

Date of issuance: February 16th, 2022

The security and protection of your Personal Data is a priority of our Platform “NFT4Artists” (https://www.nft4artists.io/), operated by Mr. Anthony Wood, Route des Rosalys 499, 1619 Les Paccots, Switzerland (the “Company” or “Enterprise” or “Firm”).

The Company is collecting Personal Data from the Users browsing and/or using the Website and/or the Platform.

This Privacy Notice aims to protect the privacy of the Users when their Personal Data is being Processed by the Company and while they are browsing the Website and/or Platform. This Privacy Notice is applicable to all Users of the Website and/or Platform. This Privacy Notice should be read in conjunction with the Terms and conditions applicable to the Platform. 

The Company uses privacy by default standards and undertakes to store and Process the Personal Data of the Users in a secured manner and with all appropriate care and attention in accordance with all the Applicable Laws.

  • DEFINITIONS

The definitions available in Annex A to this Privacy Notice are applicable to the capitalized terms of this Privacy Notice.

Capitalized terms not defined in this Privacy Notice have the meanings set forth in the Terms and Conditions available at the following address: https://www.nft4artists.io/pages/terms-and-conditions.

  • SCOPE

The Company provides this Privacy Notice to describe its procedures regarding the Processing and Disclosure of Personal Data Collected by the Company. This Privacy Notice shall apply to any use of the Platform, the Website and social network accounts, whatever the method or medium used. It details the conditions under which the Company may Collect, keep, use, Process and save information that relates to the Users.

  • ACCEPTANCE

By browsing the Website and/or using the Platform, the User acknowledges that he/she/it has read and understood this Privacy Notice and agree to be bound by it and to comply with all Applicable Laws.

Before accessing and/or continuing to use the Website and/or Platform, the User shall first read and understand the terms of this Privacy Notice and any amended versions to this Privacy Notice.

IN THE EVENT OF NON-ACCEPTANCE OF THIS PRIVACY NOTICE, ALL USE OF THE WEBSITE AND/OR PLATFORM MUST CEASE IMMEDIATELY.

  • PROCESSING PRINCIPLES

While Processing Personal Data, the Company will be guided by the following principles:

  • Fairness and lawfulness

When Processing Personal Data, the individual rights of the Users will be protected. Personal Data will be Collected and Processed lawfully, in a fair manner, in good faith and will be proportionate to the objective.

  • Restriction to a specific purpose

Personal Data Processed by the Company will be adequate and relevant to the purpose for which they are Collected and Processed. This requires, in particular, ensuring that the types of Personal Data Collected are not excessive to the purpose for which they are Collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

  • Transparency

The User is informed of how his/her/its Personal Data is being Processed. This Privacy Notice informs the User of:

  • the existence of this Privacy Notice;

  • the identity of the Data Controller;

  • the purpose of Personal Data Processing;

  • how, where and by whom the Personal data is being Processed; and

    third parties to whom the Personal data might be transmitted.

Generally, the User shall obtain this information for any other Personal Data Collected which are not listed in this Privacy Notice.

  • Accuracy

Personal Data kept on file will be correct and if necessary, be kept up to date. Inaccurate or incomplete Personal Data will not be kept on file and deleted.

  • COLLECTED DATA

This Privacy Notice applies to all information which is received during the use of the Website and/or the Platform by the User.

  • Use of the Website and/or Platform without contacting the Company

While browsing the Website and/or the Platform, the Company may collect the Cookies Data related with Google Analytics (Article 10). 

  • Contacting the Company through Discord

The User may contact the Company through Discord, a third-party service provider. This implies that the Contact Data are Processed by Discord according to its own privacy notice and terms and conditions. The Company does not Process the Users Contact Data. 

  • Newsletter

The User may subscribe to the Newsletter through the Website and/or the Platform by granting the Company the following Personal Data:

  • Mandatory Personal Data

  • Email address.

  • Optional Personal Data

  • First name;

  • Last name;

(the “Newsletter Data”)

  • Registration Data

The Company’s mission is to provide a Platform allowing the Users to sell, buy, to upload, and trade NFTs using their Phantom and/or Solflare Wallet. The Platform Functionalities are described in the applicable Terms. 

In such case, the Company will collect Personal Data about the User, which especially but not only includes:

  • User’s Nickname, Avatar, email address, Wallet address, Artist status, Biography and website;

(the “Registration Data”)

  • USE OF COLLECTED DATA

The following paragraphs describe the various purposes for which the Company Collects and Processes the Personal Data of the User listed in Article 5 of this Privacy Notice.

  • Legitimate interest

The Company has a legitimate interest to Process Users’ Cookies, in order to actively monitor, investigate, prevent and mitigate any potentially prohibited or illegal activities, and/or violations of the Terms or the Applicable Laws.

In addition, the Company can Process Users’ Cookies in order to know who uses the Website and/or the Platform, to ensure that there is no cyber-security threat, as well as to have an initial verification of the Users that use the Website and/or the Platform. The Company can use the geographical location information of the User in order to ensure that the Website and/or the Platform will not be used in a country/area where it is expressly prohibited for the Website and/or the Platform to be used.

The Company can also Process Users’ Cookies to evaluate the use of the Website and/or the Platform, to optimize and improve the Website and/or the Platform, as well as to analyze the preferences and the patterns of each User in order to personalize User’s experience of the Website and/or the Platform.

  • Consent

  • Generality

The User is free to communicate to the Company the Personal Data he/she/it desires. By voluntarily communicating his/her/its Personal Data to the Company, the User expressly Consents that the Company Processes the Personal Data communicated.

In any case, Users agree that the Company may Process:

  • Cookies Data related to Google Analytics only (article 10);

  • the Personal Data listed under Article 5.3 of this Privacy Notice to communicate the Newsletter to the User; and

  • the Personal Data listed under Article 5.4 of this Privacy Notice to provide support to the User.

For the sake of clarity, the Company also Collects and Processes all the Personal Data the User freely and voluntarily indicates in any communication with the Company, either by phone, by email or by mail, as long as said Personal Data is required to provide an answer to a User, to help the User in his/her/its project, as well as to provide the User with the Newsletter and/or with any other kind of service.

  • Newsletter (Article 5.3)

For the purpose of allowing the User to receive the Newsletter, the Company needs to Process the Personal Data described under Article 5.3 (a) of this Privacy Notice. By subscribing to the Newsletter and providing the mandatory Personal Data, the User expressly Consents with the use of his/her/its mandatory Personal Data described under Article 5.3 (a) of this Privacy Notice.

The User is not obliged to communicate the optional Personal Data listed under Article 5.3 (b) of this Privacy Notice but if he/she/it does, the User expressly Consents with the use of his/her/its optional Personal Data described under Article 5.3 (b) of this Privacy Notice.

  • Registration Data (Article 5.4)

For the purpose of allowing the User to create his/her/its User Account and to use the Website and/or Platform, the Company needs to Process the Personal Data described under Article 5.4 of this Privacy Notice. By contacting the Company and providing the Registration Data, the User expressly Consents with the use of his/her/its Platform Personal Data described under Article 5.4 of this Privacy Notice.

The User is not obliged to communicate the Registration Data listed under Article 5.4 of this Privacy Notice but if he/she/it does, the User expressly Consents with the use of his/her/its Registration Data described under Article 5.4 of this Privacy Notice.

  • DATA DISCLOSURE

The Company may disclose User’s Personal Data under some circumstances specified in this Article. In any case, the Company shall ensure that an adequate protection is guaranteed for User’s Personal Data, especially by using data transfer agreements or data processing agreement (if needed).

In some specific cases, when the level of protection is not guaranteed, the Company will obtain User’s prior Consent or establish with the Recipient of Personal Data a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad, especially by using Standard Contractual Clauses. The User may request access to a copy of these safeguards by contacting the Company. The User shall be informed of any cross-border transfer in the event that it occurs.

  • The Company’s employees

The Company’s employees (in Switzerland or abroad) may Process User’s Personal Data listed under Articles 5.1 to 5.4 of this Privacy Notice in order to ensure a consistently high service standard and in line with the internal regulations of the Company. The Company’s employees also have to Process User’s Personal Data to run the Company’s activities, which especially include answering the questions of the User, sending the Newsletter, as well as providing support to Users.

The employment contracts of the employees contain a confidentiality clause.

  • IT Service Provider

The IT Service Provider (which includes its employees, directors, representants, affiliates and partners) may have access to some of the User’s Personal Data to makes sure that the Website, the Platform and its features technically works.

The storage as well as the Processing of these Personal Data may require that Personal Data is ultimately transmitted to, and/or stored at a destination outside of User’s country of residence. Where permitted by law, by accepting the terms of this Privacy Notice, User accepts that this transmission and disclosure may occur.

  • Servers in Switzerland

When the Company – at its sole and entire discretion – gives access to the Users to the Website and/or the Platform, the Company needs to Process Personal Data.

Thus, the Company stores the Personal Data in collaboration with INFOMANIAK NETWORK SA, Rue Eugène-Marziano 25, 1227 Les Acacias, on servers located in Switzerland.

By freely and voluntarily communicating Registration Data (Article 5.4) to the Company, the User expressly understands and Consents that the Registration Data will be stored by INFOMANIAK NETWORK SA on servers located in Switzerland and Processed by INFOMANIAK NETWORK SA.

The User understands and expressly Consents that INFOMANIAK NETWORK SA may Process his/her/its Registration Data in accordance with INFOMANIAK NETWORK SA’s internal regulation (especially in accordance with its terms & conditions and its privacy policy).

The User understands and accepts that the Company has absolutely no control over the activities of INFOMANIAK NETWORK SA, which includes the way how INFOMANIAK NETWORK SA Processes Personal Data of the Users. Therefore, the Company bears absolutely no responsibility for the activities of INFOMANIAK NETWORK SA and the way how this company Processes User’s Personal Data.

  • Public or regulatory authorities

If required from time to time, the Company may disclose Personal Data to public authorities, regulators or governmental bodies, including when required by law or regulation, under a code of practice or conduct, or when these authorities or bodies require the Company to do so.

  • RETENTION OF USER’S PERSONAL DATA

In accordance with Applicable Laws, the Company will use User’s Personal Data for as long as necessary to satisfy the purposes for which User’s Personal Data was Collected and/or to comply with applicable legal requirements.

  • SECURITY OF USER’S PERSONAL DATA

The Company applies high industry standards and will always apply adequate technical and organizational measures, in accordance with Applicable Laws to ensure that User’s Personal Data is kept secure.

In the event of a Breach, the Company shall without undue delay, and where feasible, not later than seventy-two (72) hours after having become aware of it, notify the Breach to the competent supervisory authority, unless said Breach is unlikely to result in a risk to User’s rights and freedoms. If the Breach is likely to result in a high risk to User’s rights and freedoms, the Company shall communicate this Breach to the User, if it is feasible, without undue delay.

  • GOOGLE ANALYTICS

The Website and/or Platform may use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses Cookies, which are text files placed on your computer to help analyze how Users make use of the Website. 

The information generated by the Cookies about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States of America. Google will use this information to evaluate your use of the Website and/or the Platform, to compile reports on the Website activities for its editor and to provide other services related to the Website and/or Platform activity and the use of the Internet. 

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not cross-reference your IP address with other data held by Google.

You may refuse the use of Cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Website and/or Platform. However, a deactivation of this type may prevent the use of certain functions of the Webite and/or Platform. By using the Website and/or Platform, you specifically agree to the processing of your Personal Data by Google in the manner and for the purposes described above.

To learn more about how you can opt out of being tracked by Google Analytics on the sites you visit, visit tools.google.com/dlpage/gaoptout.

  • ACCESS TO PERSONAL DATA AND INFORMATION RIGHTS

User has the right to request access to or information about his/her/its Personal Data which are Processed by the Company. Where provided by Applicable Law, the User, his/her successors, his/her/its representatives and/or proxies may (i) request deletion, correction or revision of User’s Personal Data; (ii) oppose the data Processing; (iii) limit the use and Disclosure of User’s Personal Data; and (iv) revoke Consent to any of the Personal Data Processing activities, if the Company is relying on User’s Consent and does not have another legal basis or legitimate interest to continue Processing User’s Personal Data.

These rights can be exercised by contacting the Company at: info@nft4artists.io attaching a copy of User’s ID. If the request is submitted by a person other than the User, without providing evidence that the request is legitimately made on User’s behalf, the request will be rejected.

The request is free of charge unless User’s request is unfounded or excessive (e.g. if User has already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, the Company may charge the User a reasonable request fee according to Applicable Laws. The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

  • PORTABILITY OF PERSONAL DATA

User also has the right to receive his/her/its Personal Data, which he/she/it has provided the Company with, in a structured, commonly used and machine-readable format and has the right to transmit those Personal Data to another Data Controller without hindrance from the Company.

These rights can be exercised by contacting the Company enclosing a copy of User’s ID at: info@nft4artists.io. If the request is submitted by a person other than the User, without providing evidence that the request is legitimately made on User’s behalf, the request will be rejected.

The request is free of charge unless User’s request is unfounded or excessive (e.g. if User has already requested such Personal Data multiple times in the last twelve months or if the request generates an extremely high workload). In such a case, the Company may charge the User a reasonable request fee according to Applicable Laws. The Company may refuse, restrict or defer the provision of Personal Data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

  • PRIVACY BY DESIGN AND BY DEFAULT

The Company will, both at the time of the determination of the means for Processing and at the time of the Processing itself, implement appropriate technical and organizational measures, such as pseudonymization, which are designed to implement data-protection principles, such as data minimization, in an effective manner and to integrate the necessary safeguards into the Processing in order to meet the requirements of the Applicable Laws and protect User’s rights.

The Company will implement appropriate technical and organizational measures, in order to ensure that by default, only Personal Data which are necessary for each specific purpose of the Processing are Processed.

This obligation applies to the amount of User’s Personal Data the Company Collects, the extent of their Processing, the period of storage and their accessibility. These measures will ensure that by default User’s Personal Data is not made accessible without User’s intervention to an indefinite number of third parties.

  • USER’S RIGHTS

User has a right to ask the Company to rectify or update inaccurate Personal Data the Company Collects and Processes and the right to request restriction of User’s Personal Data pending such a request being considered. Where the Company Processes User’s Personal Data on the basis of his/her/its Consent, User has the right to withdraw that Consent at any time. The withdrawal of Consent shall not affect the lawfulness of Processing based on Consent before the withdrawal.

User has a right to ask the Company to stop Processing his/her/its Personal Data, to restrict the Processing of his/her/its Personal Data by the Company or to request deletion of his/her/its Personal Data.

User has the right to request erasure of his/her/its Personal Data that: (i) is no longer necessary in relation to the purposes for which it was Collected or otherwise Processed; (ii) was Collected in relation to Processing that User previously Consented to, but later withdraw such Consent; or (iii) was Collected in relation to Processing activities to which User objects, and there are no overriding legitimate grounds for the Company Processing.

User may request to receive his/her/its Personal Data in a structured, commonly used and machine-readable format, and to have the Company transmit User’s Personal Data directly to another Data Controller, where technically feasible, unless exercise of this right adversely affects the rights and freedoms of others (Portability of Personal Data).

Users are entitled to object to the Processing of their Personal Data for direct marketing purposes, including profiling to the extent it is related to such marketing.

User is entitled to send a request to the Company for a copy of some or all of the Personal Data the Company Collects and Processes about the User. In certain circumstances the Company may Process User’s Personal Data through automated decision-making, including profiling if this should occur.

Where this takes place, User will be informed of such automated decision-making that uses his/her/its Personal Data, be given information on the logic involved, and be informed of the possible consequences of such Processing. In certain circumstances, User can request not to be subject to automated decision-making, including profiling.

The above-mentioned rights can be exercised by contacting the Company at: info@nft4artists.io, attaching a copy of User’s ID. These rights are not absolute (as sometimes there may be overriding interests that require the Processing to continue, for example), but the Company will consider User’s request and respond to User with the outcome.

  • CONTACTING THE COMPANY AND COMPLAINTS

The Company will answer any questions or concerns the User might have about his/her/its Personal Data.

If the User believes that the Company infringed his/her/its right, the latter encourages the User to contact: info@nft4artists.io. The User can also complain about the Processing of his/her/its Personal Data to the Office of the Federal Data Protection and Information Commissioner: FDPIC, Feldeggweg 1, 3003 Bern, Switzerland.

The User understands that communicating by email/phone may not ensure confidentiality, integrity and authenticity. The Company will not answer any request which will be considered unsafe or not ensuring User’s identity authenticity.

  • DATA CONTROLER

The Company is the Data Controller of the User’s Personal Data listed under Article 5 of this Privacy Notice.

Since Registration Data are stored on INFOMANIAK NETWORK SA’s servers located in Switzerland, INFOMANIAK NETWORK SA may also act as Data Controller of the Registration Data in accordance with its own internal regulation (especially in accordance with its terms & conditions and its privacy policy).

  • DATA PROCESSOR

The IT Service Provider (which includes its employees, directors, representants, affiliates and partners) is Data Processor of User’s Personal Data and Processes these Personal Data on the basis of the agreement concluded between the Company and the IT Service Provider which ensures a safe conservation of the Personal Data by the IT Service Provider in accordance with all the Applicable Laws.

  • CHANGES TO THE PRIVACY NOTICE

The Company may modify this Privacy Notice from time to time and will post the most current version on the Website and/or Platform.

If the Company makes any material changes it will notify the User by email, prior to the change becoming effective. If a modification reduces User’s rights, a pop-up window will inform the User immediately when he/she/it will browse the Website and/or Platform and the User will have to accept the changes.

  • LINKS

The Website may contain links which direct the User to third party websites, Platforms, third parties’ content, and may also contain information about third parties and/or third parties’ content.

The Company rejects any liability relating to the privacy policy in force on said third party websites or Platforms, the collection and use of User’s Personal Data by the latter and relating to the contents of said websites or Platforms (whether the links are hypertext links or deep links).

Furthermore, the User acknowledges and agrees that using the Website and/or Platform could imply downloading or using third party Platforms. Under no circumstances the Company shall be liable for the utilization of these other Platforms, especially regarding the Personal Data protection rules.

  • JURISDICTION AND GOVERNING LAW

This Privacy Notice and any questions relating thereto shall be governed by the laws of Switzerland, to the exclusion of any rules of conflict resulting from private international law.

Any dispute relating to this Privacy Notice must exclusively be brought before the courts of Nyon, Switzerland, subject to possible recourse to the Federal Court.

  • CONTACT

To ask questions or make comments on this Privacy Notice or to make a complaint about the Company’s compliance with Applicable Laws, please contact the Company through:

  • info@nft4artists.io or

  • Mr. Anthony Wood, Route des Rosalys 499, 1619 Les Paccots, Switzerland


    * * *

Annex A - Definitions

Capitalized terms defined in the Terms available on the Website and/or Platform shall also apply to this Privacy Notice and be incorporated by reference.

Applicable

Laws means all the applicable laws that may apply to the User or the Company in the context of the use of the Website and/or Platform, particularly, within the context of this Privacy Notice, the laws and regulations related to data protection such as Federal Act on Data Protection (RS 235.1) (the “FADP”), the Ordinance on the Federal Data Protection Act (RS 235.11) (the “OFADP”) and, where applicable, the General Data Protection Regulation (the “GDPR”).

Platform shall mean the interface available for Users on the following URL address: https://www.nft4artists.io.

Breach means a breach of security leading to the accidental or unlawful destruction, loss or alteration of – or to the unauthorized Disclosure of, or access to – Personal Data transmitted, stored or otherwise Processed.

Collect means a systematic approach to gathering and measuring Personal Data from the User to achieve a given result. The term “Collection” shall be the nominative reference to the term Collect.

Consent means any freely given, specific, informed and unambiguous indication of which the User, by a statement or by a clear affirmative action, signifies agreement to the Processing of his/her/its Personal Data.

Cookies means a piece of information that is placed automatically on User’s electronic device’s hard drive in accordance with Google Analytics terms and conditions and privacy policy. 

Data Controller means a natural or legal person, which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data and who is in charge of this Processing.

For the purpose of this Notice, the Data Controller is Mr. Anthony Wood, Route des Rosalys 499, 1619 Les Paccots, Switzerland.

Data Portability means the right of the User to receive his/her/its Personal Data in a structured, commonly used and machine-readable format and the right to transmit that Personal Data to another Data Controller without hindrance from the Company.

Data Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Data Controller.

Disclosure means making Personal Data accessible, for example by permitting access, transmission or publication.

IT Service

Provider means the natural or legal person who is in charge to host and technically run the Website.

The IT Service Provider of the Company is: Le Bureau Web, Route de Lausanne 22, 1037 Étagnières, Switzerland. 

Personal Data means data which is deemed to be personal and consists of all the information relating to a person who is either identified or identifiable. The types of Personal Data Collected and Processed by the Company are outlined in article 5 of this Privacy Notice.

Privacy Notice means this Privacy Notice in its current and subsequent versions.

Process(-ing) means any operation with Personal Data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of Personal Data.

Recipient means a natural or legal person, public authority, agency or another body, to which the Personal Data is disclosed or made accessible, whether a third party or not.

Standard

Contractual

Clauses means the standard contractual clauses set out in the Annex of the Commission implementing decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.

Terms means the terms and conditions of the Platform.

User(s) means any natural person who browses the Platform and/or the Website.