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ARTXCHAINS Privacy Notice V.1
This policy is effective as of 3 rd October 2023
This Privacy Notice (“Notice”) describes how we at ARTXCHAINS collect, use, share, and secure your Personal Information when you visit the ARTXCHAINS Platform (,, (the “Platform”) or engage in activities such as creating, buying, transferring, or trading unique ARTXCHAINS Items on our Marketplace. (the “Marketplace”). This Privacy Notice is an integral part of our Terms of Service. By accepting our Terms of Service, you also consent to the way we handle your data as described in this Notice.
1. Summary
This policy applies to:
1. Visitors
2. Users
3. Collectors
4. Museums
5. Private Foundations
6. Galleries
The purpose of this Privacy Notice is to let you know how we collect, use, store, share, retain, transfer, and process your Personal Information. This policy is designed to inform you about your choices and rights concerning your Personal Information and how you can exercise those rights.
`Personal Information` refers to any information that can identify you as an individual.
Please note that we may update this policy from time to time, and we encourage you to review it periodically. Any changes will be posted on this page. If there are significant modifications to this policy, we will provide a prominent notice. If you do not agree with this policy, we kindly request that you refrain from using our website, products, or services.
2. What Personal Information We Collect
2.1. User Account Creation:
When you register for our Platform, we gather the following details from you:
- Your Ethereum wallet address through a supported wallet provider
- Your Username
- Your Email address
Moreover, you have the option to share additional information, such as:
- Your Ethereum wallet address through a supported wallet provider
- Your Full Name
- Your Location
- Biographical details
- Social media handles
- Other website links
- User profile picture or avatar, which might resemble you
The information we collect varies based on your interactions with us and the products or services you use. By providing this information, you consent to its processing.
2.2. Personal Information Submission:
If you complete a form on our website requiring contact information, like signing up for a newsletter or requesting information or products and services, we will collect and process the provided details. This may include:
- Your Name
- Your Email address
- Company Name
- Job Title
- Physical Address
- Payment and billing information.
2.3. Personal Information collected when you visit our website
When you use our website, we may automatically collect Personal Information such as IP address, user-agent information (which is automatically sent by your web browser and may include device type), and information collected by cookies and other similar technologies. Our cookie policy can be found below.
2.4. Personal Information Gathering during Website Visits
As you utilize our products and services, we collect various other types of Personal Information, such as:
- Your Username
- IP Address
- Name or Pseudonym
- Email Address
- Social Media Handles
- Ethereum Wallet Address
Additionally, we may collect usage data related to your interactions with our products and services, and this data may include Personal Information.
Furthermore, when you sign up for our products and services, we also gather payment and billing details. For instance, we may request your billing address and payment information. Rest assured, this information is solely used to process payments and deliver the products and services you requested.
2.5. Data Immutability on the Blockchain
A Transaction on our platform refers to any activity involving the sale, purchase, bid, or transfer of an NFT or $ARTXC. It`s important to note that any transaction conducted on our Site is permanently and immutably stored on the Ethereum blockchain. This data is further duplicated by our Company on separate servers to ensure a user-friendly representation. However, once data is recorded on the blockchain, neither ARTXCHAINS nor any third party possesses the capability to modify or erase it. While certain information may appear concealed on the Site to comply with legal requests, the actual data itself remains irrevocably and permanently on the blockchain. For details on the data stored on the blockchain, you can visit and input your or someone else`s public Ethereum address into the search. Refer to Section 3 for additional information.
3. On-Chain Data and Metadata
By utilizing ARTXCHAINS, you acknowledge that your Personally Identifiable Information (PII), including your Ethereum wallet address, is recorded on the publicly searchable Ethereum blockchain. Neither ARTXCHAINS nor any third party possesses the authority to delete such data once it`s published on the Ethereum blockchain through our platform. As a user, you release and indemnify ARTXCHAINS from any data privacy liabilities related to data published on the Ethereum blockchain through our platform. When engaging in any blockchain-based transactions on our site, you explicitly and publicly publish that information, making it a permanent part of the blockchain`s history.
3.1. Ethereum Wallet and Transaction Records
No entity, not even ARTXCHAINS Ltd., possesses the ability to alter or erase data stored on the Ethereum blockchain. The specifics of your NFT-related transactions are open to the public and securely kept on the Ethereum blockchain, connected to your Ethereum wallet addresses. Your username is openly associated with your Ethereum wallet address on the Marketplace. If your account is ever deleted, the transaction history on the Marketplace will display 'anonymous' instead of your username.
3.2. Artist Creations Minted on ARTXCHAINS
By utilizing the ARTXCHAINS Platform as a Museum/Private Foundation, Gallery, or an Artist, you may voluntarily integrate PII (Personally Identifiable Information) into the Metadata of any minted NFT(s) or in the media content linked to the NFT. All information embedded in the Metadata cannot be deleted, and there should be no expectation of privacy for any PII included in the Metadata or the media content referenced by the NFT. The Users and Parties involved in minting, selling, transferring, and using NFT(s) hold complete responsibility for ensuring the proper protection of their PII or other sensitive data.
4. How Information is Gathered
By utilizing ARTXCHAINS, you acknowledge that your Personally Identifiable Information (PII), including your Ethereum wallet address, is stored on the publicly accessible Ethereum blockchain, and neither ARTXCHAINS nor any third party has the ability to delete such data once published by users on the Ethereum blockchain. By using ARTXCHAINS, you release and indemnify ARTXCHAINS Ltd. from any data privacy liability related to data that you publish to the Ethereum blockchain. When you engage in any blockchain-related transactions on our platform, you expressly and publicly publish that information.
We collect Personal Information from you during your visits to our website or when you use our products and services. Some of this information is provided directly by you, while some are collected automatically. We employ the following methods to gather Personal Information:
- When you register or create an account with us.
- Through automated data collection while browsing the site, which includes actions like likes, views, and shares.
- Information from the blockchain, particularly related to transactions such as buying, selling, bidding, minting, and transferring.
Additionally, we may obtain personal information from other sources, including:
- Third-party Wallets.
- The Ethereum blockchain itself.
- Etherscan, a third-party service.
- Third-party partners.
5. How We Utilize Your Data
We process the personal information you provide for various purposes, ensuring a seamless platform experience. These purposes include:
- Sustaining Platform Functionality: We use your data to maintain the smooth operation of the platform.
- Empowering Transactions: Your information enables you to list, buy, transfer, or trade unique digital art on our platform.
- Communication: We use your data to send you important updates, confirmations, or security alerts.
- Customer Support: Your information helps us provide support and respond to your comments or inquiries.
- Personalization: We use your data to personalize and enhance your experience and art activity feed.
- Relevant Information: We may inform you about products, services, news, surveys, or promotional opportunities that align with your interests.
- Editorial Content: We deliver editorial and newsletter content to keep you informed and engaged.
- Platform Improvement: Your data is analyzed to continuously improve our platform`s performance and features.
- Behavior Profiling: We create profiles of user behavior to enhance our services and improve marketing effectiveness.
- Service Updates: We use your contact information to provide you with updates about our services.
- IP Dispute Management: Your data helps us manage intellectual property disputes effectively.
- Scam and Hack Alerts: We use your information to alert users about potential hacks and scams for enhanced security.
Rest assured that we value your privacy and handle your data with utmost care and responsibility.
6. The Legal Basis for Collecting and Processing Your Data
We adhere to the following legal bases when collecting and processing your Personal Information:
- Consent: We may collect, or process information based on your consent, such as when you willingly subscribe to our newsletter, request information, or sign up for our services.
- Contractual Obligation: We may collect or process information that is necessary to provide our services or fulfill a contractual agreement with you.
- Legal Obligation: We may collect or process information to comply with legal obligations imposed upon us.
- Legitimate Interest: We may collect information when we have a legitimate interest, such as for marketing purposes, provided that our interests do not override your rights and freedoms.
- Vital Interests: We may collect or process information if it is essential to protect the vital interests of you or another individual.
7. How We Share Your Data
We want to assure you that we never sell your personal information. To clarify, according to the common-law definition, selling involves exchanging cash for a product or service.
We may share your Personal Information with our affiliates and partners when necessary to provide our services. Additionally, we share Personal Information with trusted service providers, such as accountants, payment processors, and other vendors who assist in operating our website and delivering our products and services.
Rest assured that these vendors and service providers are strictly prohibited from using your personal information for any purpose other than providing the contracted services. They are not allowed to use your data for their own marketing endeavors, nor can they share your information for marketing purposes.
However, in certain situations, we may share personal information in response to a legal summons or subpoena or as required by law enforcement agencies. Furthermore, if there is a credible allegation against you involving a violation of our Terms of Service, any information obtained during the investigation may be shared with parties that have been affected by the alleged violation, as you would not have a reasonable expectation of privacy in such circumstances.
7.1. Digital Millennium Copyright Act (DMCA) Compliance
To address alleged copyright infringement on the ARTXCHAINS Platform, we adhere to the procedures laid out in the Digital Millennium Copyright Act (DMCA). This entails a Notification and Counter-Notification process initiated by a party claiming copyright infringement. In such cases, we may share information about the notifying and counter- notifying parties, as well as any involved third parties like a Collector, to facilitate communication and resolution of DMCA disputes or copyright infringement allegations.
8. Data Retention Policy
The retention of Personal Information we collect depends on its type and the purpose for which it was collected. Once the purpose is fulfilled or after a reasonable period, we either delete or anonymize the personal information.
For ongoing legitimate business purposes like dispute resolution or compliance with legal obligations, we retain Personal Information.
Your personal information is retained for as long as required to provide our services, fulfill legal obligations, and for a reasonable period after the completion of such services.
To remain compliant with financial regulators and law enforcement, we retain some information.
9. Cookies and Similar Technologies
Cookies are small files stored on your web browser when you visit our website. Some cookies remain active only during your visit, while others, known as `persistent cookies`,persist for longer periods. These cookies enhance browsing by storing your preferences and password information. Cookies collect data such as your computer`s IP address, browser settings, and your interactions with the website. Your general location may be inferred from your IP address. Additionally, some cookies track your activity on our website, apps, and services to deliver personalized advertising on this and other websites.
10. Your Personal Information Rights and Control
If you are a resident of the EU/EEA, you hold the following rights concerning your personal information:
- Right of Information and Access: You can access and obtain a copy of your Personal Information we have on record.
- Right to Rectification: You have the right to correct any inaccuracies or outdated information in your Personal Information.
- Right of Erasure: You may request the permanent deletion of your Personal Information.
- Right to Restrict Processing: You can request to limit the processing of your Personal Information.
- Right to Data Portability: You can ask for a portable copy of your personal information in a format transferable to another organization.
- Right Not to be Subject to Automated Decision Making: You have the right not to be subject to decisions based solely on automated processing.
- Right to Lodge a Complaint: You can lodge a complaint with the data protection authority in your country or with the California Data Protection Agency if you reside outside the EU/EEA.
- Right to Withdraw Consent: If you have provided consent for the collection or processing of your Personal Information, you can withdraw it at any time.
- Right to Non-Discrimination: We respect your privacy rights, and we will not discriminate against you if you exercise them.
If you are an EEA member and wish to exercise any of these rights, please submit a request through our Data Deletion Form (create form and enter link). However, we may charge a reasonable fee or request additional information to verify your identity, if necessary, before processing your request.
11. We do not sell your data
We want to assure you that we do not sell any data for monetary or other valuable consideration.
11.1. Identity verification
When you make a request, we may ask for additional information to verify your identity. You can exercise your rights by contacting us at [email protected] or [email protected].
12. International Data Transfers
We may transfer Personal Information from users within the European Union to servers, partners, or vendors in the United States and other non-EU countries where adequate data protection laws may not exist. To ensure the continued protection of Personal Information during these transfers, we have implemented appropriate safeguards. When transferring Personal Information of individuals from the European Economic Area (EEA), Switzerland, or the United Kingdom (UK) to the US, we utilize Standard Contractual Clauses, the UK Addendum, and, if necessary, additional protective measures.
13. Security Measures
We take every reasonable precaution to safeguard the information you provide us against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. To ensure the security and integrity of your information, we have established suitable physical, technical, and administrative measures. It`s important to note that while we strive to maintain robust security, no security measures can be entirely infallible, and there is always a possibility of a data breach.
Here are some of the security practices we employ:
- Personal data is encrypted during access or transmission.
- Personal information is encrypted while at rest in our data centers.
- Access to users; personal information is limited to employees who require it for specific purposes only.
- Employees with access to personal information undergo background checks.
- All employees with access to personal information are required to sign a binding confidentiality agreement.
- Our vendors are mandated to implement stringent security procedures to protect your data.
- Our vendors and partners are strictly prohibited from using or sharing your information for any purpose beyond fulfilling the contracted services.
14. Breach Response Protocols
In the unlikely event of a security breach, we may exercise a legally permissible delay in reporting the breach. However, this delay will only be for as long as necessary to assess the breach`s scope, determine its cause, and collaborate with law enforcement and our partners to prevent further harm.
15. Automated Decision Making and User Profiling
Data collected from Users may undergo algorithmic processing to enhance User experiences, create and manage User profiles, and deliver other personalized services. We affirm that no adverse decisions about Users will be made solely based on algorithms, except in cases where it is necessary to fulfill an affirmative obligation to prevent criminal activity.
16. Children’s Privacy
We do not knowingly collect or solicit personal information from children under the age of 13 without parental consent, except as permitted by applicable laws. If we discover that we have inadvertently collected personal information from children under 13 without parental consent (or as allowed by law), we will promptly delete such data. If you suspect that a child has provided us with personal information without parental consent, please contact us, and we will take immediate action.
16.1. EU residents
We do not collect or process the personal information of data subjects in the EU under the age of 16 without explicit consent from a parent or guardian. For websites directed toward children, we implement age verification and seek appropriate consent. If we identify a minor on our platform, we will expeditiously delete all user data associated with that individual.
17. Handling Sensitive Information
Unless expressly requested, we kindly ask that you refrain from sending or disclosing sensitive personal information to us through our websites or other channels, unless required by law or explicitly requested by us.
18. Contacting Us
Please direct any general inquiries about the Platform to [email protected].
Kindly print a copy of these Terms for your records and make sure to regularly check the Site for any updates or modifications to these Terms.
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