Privacy Policy

ARSNL Privacy Policy 

Last Updated: August 24, 2022

Welcome to the website (the “Site”) of Arsnl Art, Inc. (“ARSNL,” “we,” “us,” or “our”). ARSNL provides a platform for purchasing, selling, transferring, managing, and browsing NFTs (collectively, including the Site, the “Service”).

This Privacy Policy explains what personal information we collect, how we use and share that information, and your choices concerning our information practices.  

We reserve the right to update or modify this Privacy Policy at any time in our sole discretion, including without limitation, in order to comply with applicable law, and will post the effective date of any updates or modifications at the top of this Privacy Policy.

Before using the Service or submitting any personal information to ARSNL, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service. This Privacy Policy is incorporated into and forms part of our Terms of Service. Capitalized terms not defined in this Privacy Policy have the meanings assigned to them in the Terms of Service.


1. Personal Information We Collect

ARSNL may collect the following personal information:

  • Contact information, such as your name, username, postal address, email address and telephone number;

  • Date of birth or other information used to verify your identity;

  • Your wallet address;

  • Payment information, such as the last four digits of your payment card with the full payment card details retained by our payment processors as described further in the “How We Disclose Your Personal Information” section below;

  • Commercial information about your NFT purchases, sales, and trades on ARSNL and any information provided in your customer service and other communications;

  • Internet or other electronic network activity information (as described in more detail below);

  • General location data and, as permitted by applicable law, precise geolocation data;

  • Information about your account activity, modification, activation and deactivation;

  • Inferences drawn from the above-listed categories of personal information; and

  • Other personal information in content you provide to us via your communications to us or on our websites, such as photos and videos or information provided on our social media platforms.


We collect this personal information from a variety of sources, including directly from you, your devices, vendors who provide services on our behalf, social media networks, business partners, and public data sources.  We may collect data that is available on public blockchains, including transactional information. 

In addition, when you visit ARSNL, we obtain certain information by automated means, such as through the use of cookies, web server logs and web beacons. The information collected in this manner includes IP addresses, operating systems type, browser type, domain and other system settings. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we collect “clickstream data,” which is a log of content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. 

To find out more about the way we use cookies, web beacons and similar technologies and how to manage your settings and preferences at any time, please visit our Cookies Policy. 


2. How We Use Your Information

We may use your information to: 

  • Create and manage your account and profile;

  • Establish and verify your identity;

  • Offer and provide products and services to you;

  • Communicate with you about, and enable you to participate in, surveys, events, programs, contests, and promotions;

  • Display content on ARSNL;

  • Process claims we receive in connection with our products and services;

  • Manage, operate and improve our business, such as by developing or enhancing our products and services and performing accounting, auditing, billing reconciliation and collection activities and other internal functions;

  • Manage and respond to your communications, inquiries and requests;

  • Provide customer support, including diagnosing and fixing technical issues;

  • Perform data analyses (including market and consumer research, trend analysis, financial analysis, and anonymization of personal information);

  • Tailor and customize your visits to ARSNL to meet your needs, such as by saving your preferences;

  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and

  • Comply with and enforce applicable legal requirements, relevant industry standards and our contractual rights and policies, including our Terms of Service.

In addition, we may use information collected automatically through cookies, web beacons and other automated means to:

  • Customize our users’ visits to ARSNL;

  • Manage our business;

  • Help diagnose technical and service problems;

  • Administer ARSNL;

  • Identify and gather demographic and usage information about our users to tailor ARSNL to better meet the needs of our users.

We also use third party web analytics services on ARSNL, such as those of Google Analytics and HotJar.  More information is available in our Cookies Policy.  To learn more about Google Analytics and how to opt out, please visit Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.


3. Online Tracking

Our Site is not designed to respond to “do not track” signals received from browsers.  


4.  How We Disclose Your Personal Information

We do not sell, rent, or otherwise disclose your personal information with any third parties except as described in this Policy.  In some cases, we use vendors to help us provide services to you, such as data analytics, customer service and hosting services.  We may disclose your personal information to these vendors to perform services on our behalf for limited purposes,

We use Stripe, Inc., a third party payment processor, to process payments on ARSNL.  We only retain the minimum amount of payment-related information to enable customers to more easily make future payments and for our fraud prevention and chargeback purposes.  Stripe’s use of your personal information is governed by its own privacy policy.   

We may disclose personal information to our affiliates and subsidiaries and to third party businesses we work with to enable or support offerings on ARSNL. 

We may also share personal information (1) as required by law or legal process, such as in response to a valid court order or subpoena, (2) in response to a government request or law enforcement investigation, (3) to exercise or defend our legal rights or (4) as necessary or appropriate to prevent physical harm or suspected or illegal activity. 

We may transfer your information in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) to the successor of such business or assets.

We may also aggregate or anonymize personal information in accordance with applicable law and disclose such aggregated or anonymized information to third parties.


5.  Personal Information of Minors

ARSNL is geared toward a general audience, and is not directed to children under 13 years of age in the United States, and children under the applicable minimum age in other countries at which they can legally provide their personal information without parental consent. We do not knowingly collect personal information from children who are not legally permitted in their countries to provide their personal information without parental consent. If we become aware that we have collected personal information from a child under the legal minimum age to provide personal information without parental consent in a particular country, we will promptly delete the information, unless we are legally obligated to retain such information.  If you believe a child under the legal minimum age may have provided us with personal information, please contact us as specified in the “How to Contact Us” section of this Policy.


6.  Links to Other Websites and Apps

ARSNL may contain links to other external, third party websites and apps for your convenience, which will be governed by the privacy and cookie practices of such applicable third parties.  In addition, if you disclose personal information on social networks and other websites operated by third parties, they may act as separate data controllers from ARSNL.

 

7. Wallet 

To purchase NFTs on ARSNL, you are required to create a wallet.  Your interactions with the wallet app or service and its use of your personal information are governed by its own privacy policy.   ARSNL does not collect or store private keys that are associated with your wallet.


8.  How We Safeguard Your Information

We will take reasonable precautions to keep your information secure from accidental, unauthorized or unlawful use, acquisition, destruction, loss, alteration, access or disclosure.  


9.  Retention of Personal Information

To the extent permitted by applicable law, we retain personal information we obtain about you as long as (1) you have an account on ARSNL or the information is needed for the purposes for which we obtained it, in accordance with the provisions of this Privacy Policy, or (2) we have another lawful basis for retaining the data beyond the period for which it is necessary to serve the original purpose for collecting the data, such as to comply with applicable laws or regulations, for dispute resolution purposes, to enforce our agreements, prevent fraud or for other legitimate purposes.  Retention of personal information in cookies we collect is described in our Cookies Policy.   

10. Your Rights and Choices

Subject to applicable law, you may have the right to:

  • Request access to your personal information;

  • Correct or amend your personal information;

  • Request the deletion of your personal information;

  • Request restrictions on the use of your personal information or object to or request that we refrain from processing your personal information;

  • Request that we transfer your personal information to a third party you select;

  • Request that we disclose to you:

  • the categories of personal information we have collected about you,

  • the categories of sources from which the personal information is collected,

  • the business or commercial purpose for collecting or selling the personal information,

  • the categories of third parties with whom we have shared the personal information, and

  • the specific pieces of personal information we have collected about you; and

  • Not receive discriminatory treatment from us for the exercise of any of the foregoing rights.

To make a request with respect to your personal information, please contact us by email at [email protected] 

In order to protect your privacy and security, we must verify your identity prior to completing any request that you may submit with respect to your personal information.  We will verify your identity by asking you to provide certain information that we have already collected from you to confirm that it matches our records so please include the following information in all requests: first name, last name, email address, physical address (so we can identify the jurisdiction in which you live), description of request being made, and “Privacy” in the subject line.

While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable law.

You may designate an authorized agent to make a request on your behalf pursuant to this Privacy Policy or applicable law. Prior to completing a request made by such an authorized agent, we require that you provide your authorized agent with written permission to submit such a request and require that you or your authorized agent provide us with a copy of such written permission. Additionally, we require that you verify your identity pursuant to the procedure described above. 

In addition to your rights under applicable law, we may also offer you certain choices. To update your preferences, ask us to remove your information from our email lists or submit a request, please contact us as specified in the “How to Contact Us” section of this Privacy Policy.  You may unsubscribe from receiving future marketing and promotional emails by clicking on the unsubscribe link provided in our emails.  We may still contact you to respond to an inquiry and for certain account-related or transactional purposes.


11.  General Data Protection Regulation (“GDPR”)

We process personal information for the purposes described in the “How We Use Your Personal Information” and “How We Disclose Your Personal Information” sections of this Privacy Policy.  We use different legal bases under the GDPR for processing personal information depending on whether the processing is:

  • based on your consent;

  • necessary for the performance of a contract, such as a contract to purchase a NFT on ARSNL;

  • necessary to comply with a legal, regulatory, tax or other obligation;

  • necessary for our legitimate interests, such as offering products and services based on user interests, improving services, managing customer relationships and preventing fraud.

Where we obtain your consent to collect and use your personal information, you may withdraw your consent at any time by contacting us as described in the “How to Contact Us” section of this Privacy Policy.  This will not impact the lawfulness of any processing based on consent prior to its withdrawal. 

You may exercise your rights with respect to your personal information as set forth in the “Your Rights and Choices” section of this Privacy Policy. 

You may also have the right to lodge a complaint with the data protection authority in your jurisdiction if you believe that a violation of applicable data protection law in your jurisdiction has occurred. 

We may transfer the personal information we collect about you to recipients (including third party service providers) in countries other than the country in which the information originally was collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information.  When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described in this Privacy Policy and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.


12.  California Privacy Rights

We use your personal information for a number of “business purposes” as defined in the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq. and its implementing regulations (the “CCPA”), as modified by the California Privacy Rights Act (the “CPRA”).  These business purposes include:

  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services;

  • Auditing related to a current interaction with the consumer;

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

  • Debugging to identify and repair errors that impair existing intended functionality;

  • Short-term, transient use;

  • Undertaking internal research for technological development and demonstration; and

  • Undertaking activities to verify or maintain the quality or safety of a service and to improve, upgrade, or enhance the service.

ARSNL does not sell personal information in exchange for monetary compensation or other valuable consideration and has not sold any personal information since its launch.  ARSNL does not share personal information for cross-contextual behavioral advertising purposes. 

You may exercise your rights under the CCPA with respect to your personal information as set forth in the “Your Rights and Choices” section of this Privacy Policy.   We will not discriminate or retaliate against you if you choose to exercise any of your rights under the CCPA.  We are permitted, however, to charge you a reasonable fee to comply with your request.


13. On-Chain Data

By using the Site and Services you acknowledge that your personally identifying information, including your Ethereum wallet address, is stored on the publicly searchable Ethereum blockchain.

No entity, including ARSNL, has any power to modify or delete data that is stored on  the Ethereum blockchain. 

The details of your NFT-related transactions are public information and stored on the Ethereum blockchain in association with your Ethereum wallet addresses. 

If you use the Services as a Creator, you may voluntarily embed personally identifiable information in the metadata of any minted NFT(s) or in the Artwork referenced by the NFT. All information embedded in the metadata will not be available for deletion and there is no reasonable expectation of privacy for any information put in the metadata or the Artwork referenced by the NFT.  The Creator is solely responsible for ensuring their personally identifiable information or other sensitive data are properly protected.


14.  Updates to the Privacy Policy

We may update this Privacy Policy at any time and without prior notice to you to reflect any changes to our information practices or to comply with applicable laws or regulations.  We will post a notice on ARSNL to notify you of any significant changes to this Privacy Policy and indicate at the top of the notice when it was most recently updated.


15.  How To Contact Us

If you have any comments or questions about this Privacy Policy or our personal information practices, please contact us by email at [email protected]

If you have a technical or support question, please contact [email protected]