Last Updated: June 6, 2022
Personal and other information we collect about you;
How we use your information;
How we may share your information with third parties; and
Your choices regarding the personal information we collect about you.
European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and the following additional information is provided for your benefit.
The controller of the personal data collected through the Custm.art Platform is:
British Virgin Islands.
If you use the Custm.art Platform, you acknowledge that your personal data is being processed pursuant to the following lawful bases: your consent, Custm.art’s legitimate interests, to fulfil requests made by you, and compliance with applicable law. You further acknowledge and consent to your information that is gathered through the Custm.art Platform being transferred to, used in, and stored in the United States.
Accessing/Updating/Deleting Your Personal Information
If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your Custm.art account, you may do so by sending an email to email@example.com . Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send e-mail to firstname.lastname@example.org more information.
2. Collection of Your Personal and Other Information
When you register for, or use the Custm.art Platform, we collect Personal Information. By “Personal Information” we mean information that can identify an individual, such as:
Your Ethereum Address
Your Metamask Wallet Address
Your Internet Protocol (IP address)
You may choose not to provide Personal Information, but this may prevent you from receiving certain features of the Custm.art Platform.
We may also collect non-Personal Information relating to the Custm.art Platform, that is, information that does not personally identify an individual. The non-Personal Information we may collect includes how you interact with the Custm.art Platform, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Custm.art Platform.
Examples of the non-Personal Information we may collect are:
Information about your computer or mobile device, such as its maker or operating system version, and HTTP header information
The pages of our website that you viewed during a visit;
What information, or content you view or interact with using the Custm.art Platform; and
The city, state, province and country in which you are located;
3. Use of Your Information
We may use the information we collect to:
Assist us in providing, maintaining, and protecting the Custm.art Platform;
Set up, maintain, and protect accounts to use the Custm.art Platform;
Improve our online operations;
Provide customer service;
Communicate with you, such as provide you with account or transaction-related communications, or other newsletters, and/or other communications relating to the Custm.art Platform;
Send or display offers and other content that is customised to your interests or preferences;
Perform research and analysis aimed at improving our products and services and developing new products or services; and
Manage and maintain the systems that provide the Custm.art Platform.
4. Disclosure of Your Information
We may disclose your Personal Information to third parties as described below.
We may disclose Personal Information to provide services to you, or when you authorise or instruct us to do so.
We may disclose Personal Information and non-Personal Information to those companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as provision of data storage, hosting of our website, conducting audits, and performing web analytics).
We may licence third party software to include in or use with the Custm.art Platform, in which case we may disclose Personal Information and/or Non-Personal Information to the licensor. These third parties’ collection and use of Personal Information and non-Personal Information are subject to their own privacy policies, which you can read here:
We may also disclose Personal Information to other third parties upon your consent to such disclosures.
In addition, we may disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Custm.art Platform, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of Custm.art, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or a portion of the assets of our company relating to the Custm.art Platform, or in the event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our website.
Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
5. Cookies and Automatic Information Gathering Technologies
Every time you use the Custm.art Platform we collect non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve the Custm.art Platform, we collect how, when, and which parts of the Custm.art Platform or its features you use, which third-party platforms you connect to the Custm.art Platform. Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique identifiers to assist us in collecting and analysing this data.
To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). Custm.art Platform Cookies may contain user preferences, unique identifiers, and other non-Personal Information. A “Web Beacon” is a small, usually transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.
More information about managing Cookies is available by email Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available by email. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.
6. Transparency and Choice
You may request access to your Personal Information by sending an email to email@example.com We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes.
We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardise the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Custm.art Platform. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.
You can opt out of receiving marketing e-mails from us by clicking on the “unsubscribe” link in the e-mails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested.
The Custm.art Platform is not intended for users under 13 years of age. We do not knowingly collect Personal Information from users under 13 years of age. We do not authorise users under 13 years of age to use the Custm.art Platform.
8. Information Security
We utilise reasonable information security measures to safeguard your Personal Information against unauthorised access, modification, or destruction. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
Within Custm.art, we restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support the Custm.art Platform. If we share Personal Information with service providers, we require that they also use reasonable information security measures to safeguard your Personal Information and only use your Personal Information for the purposes for which we share it with them.
9. California Privacy Rights
California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered Custm.art Platform account, you have the right to request removal of unwanted data that you publicly post on the Custm.art Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Custm.art Platform, but please be aware that the data may not be completely or comprehensively removed from our systems.
10. Additional Privacy Rights
You may request, up to two (2) times per year: (1) the categories and specific pieces of data that Custm.art has collected from you; (2) the categories of sources from which your data was collected; (3) the categories of third parties to which your data has been disclosed or sold; and (4) the purposes for which the information was disclosed or sold. If you would like to make such a request, please submit your request in writing to us using the contact information provided below.
Subject to certain limitations, you have the right to (1) request to know more about the categories and specific pieces of personal information Custm.art collects, uses, and discloses about you, (2) request deletion of your Personal Information, (3) opt out of any sales of your Personal Information, and (4) not be discriminated against for exercising these rights. If you would like to make such a request, please submit your request in writing to us using the contact information provided below.
11. Third Party Websites
Please note that the Custm.art Platform may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.
12. Changes to this Policy