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NFT Studio Holdings, Inc

Privacy Policy

Last Modified: August 8, 2022

NFT Studio Holdings, Inc. d/b/a Open3 ("Open3," "we", "us", or "our") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect, use, and share in connection with the Open3 website (the "Website") as described in our Terms of Use (collectively, the "Service").

This Policy does not apply to any website, product or service of any third-party company, even if that company’s website links to (or is linked from) our Website. We do not operate or control those websites, products or services. Please always review the privacy practices of a company before deciding whether to provide any information.

By using our Website or Service, you are accepting the practices described in this Policy. If you do not agree with this Policy, delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services signifies your acceptance of and consent to of this Policy. "NFT" in this Privacy Policy means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

  1. Types of Data We Collect. "Personal Data" means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing. "Anonymous Data" means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect, process, and share Personal Data and Anonymous Data for the legitimate interests of running our business, providing the Service, personalizing your experience on the Service, and improving the Service, as described below.
    1. Information You Provide Us.
      1. When you use our Service, update your account profile, or contact us, we may collect Personal Data from you, such as email address, first and last name, user name, phone number, home address, employer, profile image and other information you provide. If you link any social media profiles to your Website account, those social-media accounts will become associated with your Personal Data. We also collect your blockchain address, which will become associated with Personal Data when you use our Service.
      2. If you provide us with feedback or contact us, we will collect your name and contact information, as well as any other content included in the message.
      3. We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we first notify you that Personal Data is being collected.
    2. Information Collected via Technology.
      1. We and our third party partners may automatically collect certain types of usage information when you visit our website or use our Service. For instance, when you visit our websites, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click, how frequently you access the Service, and other actions you take on the Service), and allow us to track your usage of the Service over time. For more information about our use of cookies, please review the Cookie Policy below.
      2. We may collect log file information about your browser or mobile device each time you access the Service. Log file information may include anonymous information such as your web request, Internet Protocol ("IP") address, browser type, information about your mobile device, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
      3. We may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
      4. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information that assists us in analyzing and improving the Service.
      5. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google Ad ID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
      6. We may use the data collected through cookies, log file, device identifiers, location data and clear gifs information to:
        1. remember information so that you will not have to re-enter it during your visit or the next time you visit the site;
        2. provide custom, personalized content and information, including advertising;
        3. provide and monitor the effectiveness of our Service;
        4. monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website and our Service;
        5. diagnose or fix technology problems; and
        6. otherwise to plan for and enhance our service.
    3. Information We Collect from Third Parties.
      1. We may obtain information about you from third parties.
    4. How We Respond to Do Not Track Signals.
      1. Although we do our best to honor the privacy preferences of our Users, we are not able to respond to Do Not Track signals from your browser at this time, as we believe that there is no consistent industry standard for how to respond to Do Not Track browser settings.
    5. We may create Anonymous Data records from Personal Data. We use this Anonymous Data to analyze request and usage patterns so that we may improve our Services and enhance Service navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties without restriction.
  2. Cookies Policy/Notice
    1. What are Cookies?
      1. Cookies are small files—usually consisting of letters and numbers—placed on your computer, tablet, phone, or similar device, when you use that device to visit a web site. Cookies are widely used by website owners to make their web sites operate, work more efficiently, and provide analytic information.
      2. Cookies may be placed on your device by Open3 and third parties. We recommend using the Manage Cookie Setting tool to express your cookie choices.
    2. Use of Cookies and Similar Technologies
      1. This Notice describes how Open3, our vendors, and other third parties on our behalf use Cookies and Similar Technologies (such as pixel tags, web beacons, clear GIFs, JavaScript, and local storage) ("Cookies") in connection with communications sent by us or on our behalf and the Website (including any mobile Website and apps) owned and controlled by Open3.
      2. The Privacy Notice will apply in addition to this Notice where we collect and use personal information through the Cookies.
    3. Listed below are the different categories of Cookies that Open3 and vendors on our behalf may use on the Website.
      1. Strictly Necessary Cookies. These technologies are necessary for the Open3 experience to function and cannot be switched off in our systems. The technology is usually only set in response to actions made by the device owner which amount to a request for services, such as setting privacy preferences, logging in, filling in forms, maintaining secure login areas, maintaining state across pages (remembering items in a shopping basket), and server load balancing. The device owner can set their preference to block or alert Open3 about these technologies, but some parts of the Open3 experience will not work without them. These technologies do not store any personally identifiable information.
      2. Analytics Cookies. These technologies allow Open3 to count device visits and traffic sources, so Open3 can measure and improve the performance of our experiences. The technology helps Open3 to know which experiences are the most and least popular and see how device owners interact with the experience. All information these technologies collect is aggregated. If the device owner does not allow these technologies, then Open3 will not know when the device owner visited or how the device owner interacted with our experiences.
      3. Functional Cookies. These technologies enable the Website to provide enhanced functionality and personalization. The technology may be set by Open3 or by third-party providers whose services Open3 has added to our experiences. If the device owner does not allow these technologies, then some or all of these services may not function properly for the device owner.
      4. Ad Targeting Cookies. These technologies may be set through Open3 or by our advertising partners. The technology may be used to build a profile of the device owner’s interests and show the device owner relevant advertisements on other experiences. The technology does not store directly personal information on the device, but the technology is based on uniquely identifying the device. If the device owner does not allow these technologies, then the device owner will experience less targeted advertising.
    4. How Long do Cookies Stay on My Device?
      1. Some Cookies operate from the time you visit the Website until the end of that particular browsing session. These "session" Cookies expire and are automatically deleted when you close your Internet browser.
      2. Some Cookies stay on your device between browsing sessions—these "persistent" Cookies do not expire when you close your browser. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie.
    5. How does Open3 Provide Online Advertising?
      1. We and our vendors, and our other third parties, engage in interest-based advertising to deliver advertisements and personalized content that we and other advertisers believe will be of interest to you. Third party vendors will be responsible for their own use of personal information collected through the Cookies.
      2. Advertisements may be delivered to you based on your online or mobile behavior (on the Website), your search activity, your responses to one of our advertisements or communications, the pages you visit, your general geographic location, or other information. These ads may appear on the Website or on third party websites. See "How do I Manage Cookies?" below for information on how to opt out of advertising cookies.
    6. How do I Manage Cookies?
      1. You can decide whether or not to accept Cookies. One way you can do this is through your Internet browser’s settings. Most Internet browsers allow some control of Cookies through the browser settings. If you use your browser settings to block all Cookies you may not be able to access parts of the Website. The following links take you to information on how to manage the Cookies settings on some popular browsers:
        1. Apple Safari
        2. Google Chrome
        3. Microsoft Internet Explorer and Microsoft Edge
        4. Mozilla Firefox
      2. You can manage your preferences in relation to Cookies and Similar Technologies served on the Website using the Manage Cookie Settings tool. You can also use a browser plug-in such as Ghostery from Cliqz International GmbH to turn off Cookies. You can opt out of the use of Cookies to tailor content or advertising to you by visiting the links below. Note that if you choose to opt out, you won’t necessarily see fewer ads. However, the ads you see may be less relevant to your interests.
        1. http://www.networkadvertising.org/managing/opt_out.asp
        2. http://www.aboutads.info/choices
    7. What about Similar Tracking Technologies?
      1. Cookies are not the only way to recognize or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called "tracking pixels" or "clear gifs"). These are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited the Website or opened a communication that we have sent them. This enables us to assess the effectiveness of communications. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will impair their functioning.
    8. How does Open3 respond to a Do Not Track signal?
      1. There is currently no industry agreed upon response to a Do Not Track signal. At this time, the Website does not function differently based on a user’s Do Not Track signal.
    9. How to Contact Us About Cookies
      1. If you have any questions about how Open3 uses Cookies, you can contact us by using the information below. Please include your contact information, the name or hyperlink of the Website or Service, and a description of your Cookie request.
  3. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    1. Third Party Service Providers. We may share your Personal Data with third party service providers to facilitate: targeted advertisements; billing; payments; background check services; service fulfillment; web hosting or providing analytic services; allow for the identification and serving of targeted advertisements, facilitate billing, payment and background check services; technical infrastructure services; quality assurance testing; analyzing how our Service is used; prevent, detect, and respond to unauthorized activities; provide technical and customer support; and/or to provide other support to us and to the Service.
    2. Affiliates. We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under our common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.
    3. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    4. Legal Rights. Regardless of any choices you make regarding your Personal Data (as described below), Open3 may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants, or other legal process served on Open3; (c) to protect or defend the rights or property of Open3 or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.
    5. Other Disclosures. We may also disclose your Personal Data: to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent.
  4. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
  5. Third-Party Websites. Our Service may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your Personal Data after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.
  6. Third-Party Wallets. To use our Service, you must use a third-party wallet which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.
  7. Your Choices Regarding Information. You have several choices regarding the use of information on our Services:
    1. Email Communications. We may periodically send you newsletters and/or emails that directly promote the use of our Service or third parties’ goods and services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the email you receive or through the Notifications preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.
    2. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.
  8. Data Access and Control. You can view, access, edit, or delete your Personal Data for certain aspects of the Service via your Settings page. You may also have certain additional rights:
    1. If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European and UK General Data Protection Regulations ("GDPR"). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.
    2. If you are a California resident, you have certain rights under the California Consumer Privacy Act ("CCPA"). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt-out of sale of your personal information. As the terms are defined under the CCPA, we do not "sell" your "personal information."
    3. If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us at [email protected] or the address provided in Section 13 below, specify your request, and reference the applicable law. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights.
    4. Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain, for example the Ethereum blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.
  9. Data Retention. We may retain your Personal Data as long as you continue to use the Service, have an account with us, or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. We may continue to retain your Personal Data even after you deactivate your account and/or cease to use the Service if such retention is reasonably necessary to comply with our legal obligations, to resolve disputes, prevent fraud and abuse, enforce our Terms or other agreements, and/or protect our legitimate interests. Where your Personal Data is no longer required for these purposes, we will delete it.
  10. Data Protection. We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. In the event that any information under our custody and control is compromised as a result of a breach of security, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.
    1. You are responsible for the security of your digital wallet, and we urge you to take steps to ensure it is and remains secure. If you discover an issue related to your wallet, please contact your wallet provider.
  11. Minors. We do not intentionally gather Personal Data from visitors who are under the age of 13. Our Terms of Service require all users to be at least 18 years old. [Minors who are at least 13 years old but are under 18 years old may use a parent or guardian’s Open3 account, but only with the involvement of the account holder.] If a child under 13 submits Personal Data to Open3 and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at [email protected]
  12. Users Outside of the United States. If you are a non-U.S. user of the Service, by visiting the Service and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your Personal Data, you consent to such transfer.
  13. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy at https://www.open3.com/legal/privacy. The date the Privacy Policy was last revised is identified at the beginning of this Privacy Policy. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes.
  14. Links to Other Websites and Services. Our Service may integrate with or contain links to other third party sites and services. We are not responsible for the practices employed by third party websites or services embedded in, linked to, linked from, or connected with the Service and your interactions with any third-party website or service are subject to that third party’s own rules and policies.
  15. Legal Basis for Our Use (EEA Visitors Only)
    1. If you are in the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, where we have a legal obligation to do so or where the processing is in our legitimate interests (such as processing for administrative purposes, direct marketing, product development or improvement, preventing fraud or criminal acts and in support of information security) and not overridden by your data protection interests or fundamental rights and freedoms.
    2. If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.
    3. Similarly, if we collect and use your personal information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.
    4. Open3 is the Data Controller of all personal information collected in the EEA, except where a supplemental privacy notice says otherwise. The contact details for Open3 are set out below.
    5. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information for any specific processing activity, please contact us using the contact details provided below.
  16. Questions; Contacting Open3; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at https://www.open3.com/legal/privacy or our Designated Agent at the following address:
    NFT Studio Holdings, Inc
    720 SE 160th Ave
    Suite 103, #401
    Vancouver, WA 98684
    Email: [email protected]