Last Updated: September 14, 2021
This policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when you visit our website located at www.pinktower.app (our “Website”), including any data you may provide when you sign up, make a purchase, or offer Non Fungible Tokens (NFTs) for sale. This policy applies to the personal data collected through our Website, regardless of the country where you are located.
1. Data we may collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data about you that we have grouped together as follows:
• Identity Data includes full name, username or similar identifier, government-issued photo identification, and third-party social media handles.
• Contact Data includes billing address, shipping address, email address, and telephone numbers.
• Transaction Data includes details about NFTs you have bought through our Website.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our Website.
• Device Data includes the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number, the MAC address of the device’s wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, and IP address.
• Content Data includes text, photos, videos, or other content you create or upload on our Website and information about the content you create or upload, including metadata that is provided with the content. Please remember that Content Data that you post may reveal personal data about yourself as well, including identifying information about yourself depicted in any photos or videos.
• Profile Data includes your username and password, purchases made by you, your interests, preferences, feedback, and survey responses. Some information you choose to give us may be considered “special” or “sensitive” in certain jurisdictions, for example, your sex life and sexual orientation. By choosing to submit special or sensitive information, you consent to our processing of that information.
• Usage Data includes information about how you use our Website, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from our third parties and us and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data) unless you voluntarily provide it. Nor do we collect any information about criminal convictions and offenses.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.
2. How we collect data about you
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us information about you by filling in electronic forms or by corresponding with us by email or otherwise. This includes information you provide when you buy NFTs; create an account on our Website; request marketing to be sent to you; enter a competition, promotion, or survey; or give us feedback or contact us. We may also ask you for information when you report a problem with our Website.
• User contributions. You also may provide Content Data for us to publish or display (“post”) on Website areas or transmit to other Website users or third parties. You submit Content Data for posting and transmission to others at your own risk. Although you may set certain privacy settings for Content Data by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of any Website users with whom you choose to share your Content Data. Therefore, we cannot and do not guarantee that unauthorized persons will not view your Content Data.
• Automated technologies or interactions. As you interact with our Website, we may automatically collect Technical and Device Data about your equipment, browsing actions, and patterns as specified above. We collect this information by using cookies, server logs, log files, pixel tags, and other similar technologies (see Cookies and automatic data collection technologies). We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
• Third parties or publicly available sources. We will receive personal data about you if you visit other websites employing our cookies or from third parties including, for example, business partners (including affiliates in any affiliate marketing program); third-party electronic wallet extensions; subcontractors in technical, payment, and delivery services; advertising networks; analytics providers; and search information providers.
Cookies and automatic data collection technologies
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
Our website pages and emails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permits us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording content popularity or verifying system and server integrity.
We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
3. How we use your personal data
We use your personal data to offer you services, communicate with you, deliver marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:
• Facilitate the creation of and secure your account on our Website.
• Identify you as a user on our Website.
• Provide improved administration of our services.
• Provide the services you request, including facilitating your cryptocurrency transactions through electronic wallets.
• Improve the quality of experience when you interact with our Website.
• Send you a welcome email to verify ownership of the email address you provided when your account was created.
• Protect you and other users from any conduct that violates the terms-of-service or to prevent abuse or harassment of any user.
• Display your username next to the NFTs you wish to sell on the Website.
• Send you administrative email notifications, such as security or support and maintenance notices.
• Send you email notifications related to actions on the Website, including notifications of offers on your NFTs.
• Respond to your inquiries related to the Website or other requests.
• In any other way we may describe when you provide the personal data.
• Send newsletters, surveys, offers, and other promotional materials related to our Website and for other marketing purposes.
We may also use personal data to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your data in this way, please email us at [email protected]. For more information, see Your personal data use choices.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
We may use non-personal data for any business purpose.
4. Disclosure of your personal data
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. Examples include payment processing, data analysis, email delivery, hosting services, customer service, marketing efforts, and identity verification. We may allow selected third parties to use tracking technology on our Website, which will enable them to collect data about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. For example, we use Google Analytics to help us understand how our customers use our Website (you can read more about how Google uses your personal data here: https://policies.google.com/privacy?fg=1). You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by the Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal data:
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms and agreements.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection, and credit risk reduction.
We require all third parties to respect the security of your personal data and to treat it according to the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and according to our instructions.
5. Your personal data use choices
We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your data:
• Promotional offers from us. If you do not wish to have your Contact Data used by us to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (e.g., the registration form) or by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to us as a result of a purchase, service experience, or other transactions.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements.
Our Website may, from time to time, have links to and from the websites of our partner networks, advertisers, and affiliates, or plug-ins enabling third-party features. If you follow a link to any third-party website or engage a third-party plug-in, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you give any personal data to these third parties.
We do not control third parties’ collection or use of your information to serve interest-based advertising. But these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
6. Accessing and correcting your personal data
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes. You have the right to request access to and to correct the personal data that we hold about you.
You can access, review, and change your personal data by logging into our Website and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct, or delete any personal data that you have provided to us. In some cases, we cannot delete your personal data except by also deleting your user account. We may not accommodate a request to change data if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
If you delete your Content Data from our Website, copies of your Content Data may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on our Website, including Content Data, is governed by our terms-of-service agreement.
7. Cross-border data transfers
We are based in the United States of America. For operational reasons, we may process, store, and transfer the personal data we collect, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. If you are located outside the United States, your personal data may at times be accessible by persons who are located worldwide including in countries that the European Commission or other geopolitical regions have not determined to provide the same adequate level of data protection in your country, province territory, or geopolitical region. By sending your personal data or engaging with our Website, you consent to our transfer, storing, or processing, including the transfer of your data across international boundaries to jurisdictions anywhere in the world as allowed by local law.
If you are a Canadian resident or otherwise located in Canada, please note that personal data transfers outside of Canada may result in your data becoming accessible to foreign jurisdiction’s law enforcement or other authorities.
If you are located in the European Economic Area (EEA), Switzerland, or the United Kingdom (UK), please note that your information will be transferred outside of those areas, including to the United States. Nevertheless, whenever we transfer your personal data out of the EEA, Switzerland, or UK, we will use reasonable efforts to ensure a similar degree of protection is afforded to it by ensuring that the recipient third party agrees to contractual clauses or other appropriate safeguards.
8. Data security
The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse, and unauthorized access, use, alteration, or disclosure. We store all personal data you provide to us behind firewalls on servers employing security protections. We encrypt any payment transactions using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to take care when providing information in public areas of our Website, which any Website visitor can view.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on our Website.
9. Data retention
Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
10. Children’s online privacy
We do not direct our Website to minors, and we do not knowingly collect personal data from individuals under 18-years old. If we learn we have mistakenly or unintentionally collected or received personal data from an individual under 18-years old, we will delete it. If you believe we mistakenly or unintentionally collected data from or about an individual under 18-years old, please contact us at [email protected].
11. Do Not Track policy
Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we give you the ability to opt-out. But our Website does not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information about DNT, visit www.allaboutdnt.com.
12. Your California privacy rights
If you are a California resident, California law may provide you with additional rights about our use of your personal data. To learn more about your California privacy rights, visit CCPA Privacy.
California’s “Shine the Light” law (Civil Code § 1798.83) permits our users who are California residents to request certain information about our disclosure of personal data to third parties for their direct marketing purposes. To make that request, please email us at [email protected].
13. Your EEA/UK privacy rights
If you live in the EEA or the UK, the following terms apply to you.
Legal basis for processing
We may process your personal data because you have given us permission to do so (e.g., by sending data through our Website’s contact or signup forms), because the processing is in our legitimate interests and it is not overridden by your rights, or because we need to process your personal data to perform a contract with you or comply with the law.
Your legal rights
Under certain circumstances, you have rights under data protection laws concerning your personal data. Your rights may include the following:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully, or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information that override your rights and freedoms.
• Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at [email protected].
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to honor your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will let you know and keep you updated.
14. Withdrawing your consent
Where you have provided your consent to the collection, use, and transfer of your personal data, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, you may contact us at [email protected]. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
16. Contact information