Updated: December 27, 2023
This privacy policy (the “Privacy Policy”) applies to Non Deep Fake Token,LLC, a Wyoming limited liability company’s (collectively with any affiliates “NDFT,”“we,” “us,” and “our”) mobile application (the “App”) and website (the “Site,”and, together with the App, the “Services”). We have created this PrivacyPolicy to explain how we collect, use, and handle your personal data when you use the Services. This Privacy Policy also explains who we may share that information with, if at all. This Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. Capitalized terms not defined in this Privacy Policy have the meanings set forth in our Terms of Service . By visiting and/or using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service.This Privacy Policy may be supplemented by additional privacy statements, terms, or notices referenced herein or provided to you. We encourage you to read the Privacy Policy, and to use the information it contains, to help you make informed decisions.
1. Information We Collect or Receive. The types of information, including personal information, we may collect from or about you depend on your interactions with us. However, we generally collect information in one of three ways: (a)directly from you, (b) from third-party sources, such as our third-party partners, and (c) through automated technologies. The information we may collect and/or receive allows us to provide, improve, protect, and promote ourServices. Information we may collect and/or receive includes the following:
(a) PersonalInformation. We may receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us yourself. Such PersonalInformation may include, without limitation, your name, username, password, e-mail address, physical address, phone number, and date of birth. You may supply such information, when you sign up to become a user, or contact us for support, which may require you to disclose personal information about yourself(collectively, the “Personal Information”).
(b) ContactLists. You may choose to give us access to your contacts and contact lists to make it easy for you to share and collaborate with others, send messages, and invite others to use theServices. If you grant us such access, we may store those contacts on our servers.
(c) UserContent. When you use theServices, you may create and share various types of content including [NFTs, videos, posts, chats, etc…]. We collect information about the content you create or provide on our Services, including your engagement with any of our creative tools; information based on the content of the [NFT, image, video, and audio];and/or other information about the content, including metadata such as date and time.
(d) BlockchainWallet. In order to accessor use certain parts of the Services, you may need a blockchain wallet and associated wallet address. We do not consider a blockchain wallet address, standing alone, to be information that identifies you. However, a blockchain wallet address may become associated with you, your username or account, or other account or personal information we collect about you when you use ourServices.
(e) Third-partyLog In. If you register or visit the Services through a third party site, including a social media website or application, or email website or application, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all information that you agreed that such third party site or application would provide to us through its Application Programming Interface (“API”). Such information may include, without limitation, your first and last name, third party site username or account name, third party profile picture, headline, unique identifier and/or access token, and e-mail address.
(f) PaymentInformation. If you choose to make a purchase or subscribe to a feature or service ours that requires afee, you may be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, payment name and address, and similar data (collectively, “Payment Information”). Such Payment Information may also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.
(g) Geo locational Information. Certain features and functionalities of the Services may be based on your location. In order to provide these features and functionalities while you are using your computer, phone, tablet, or other device, we may, with your consent, automatically collect geo locational information from your device or wireless carrier and/or certain third-party service providers (collectively, “Geo locational Information”).You may decline to allow us to collect such Geo locational Information, however, in such case, we may not be able to provide certain features or functionalities to you.
(h) Third-PartyAnalytics. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with whom we may work may use third-party analytics services (e.g., Google Analytics) to receive information about or related to you(which may include, without limitation, information about or related to your wallet address) or to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and Internet usage. These third parties may use cookies and other technologies to help analyze and provide us with the data. You consent to the processing of such data about you by these analytics providers in the manner and for the purposes set out in thisPrivacy Policy. For more information on these third parties, including how to opt out from certain data collection, please contact us. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Services.
(i) OtherInformation. In addition to the Personal Information, Payment Information, and Geo locational Information, we may automatically collect or receive additional information regarding you and your use of the Services; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access the Services(together with the information discussed in (b)-(e) and (h) above, the “OtherInformation”). Such Other Information may include:
(i) FromYou. Additional information about yourself that you voluntarily provide to us, such as your gender and your product and service preferences.
(ii) FromYour Activity. We may collect or receive information regarding your:
(A) IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or mobile device;
(B) browser type and language;
(C) referring and exit pages and URLs;
(D) date and time of App or Site usage;
(E) blockchain wallet address, wallet type; and
(F) details regarding your activity on and interaction with the Services, such as settings; search queries; creating, editing, sharing, viewing, and moving files; and other performance and usage data.
(iii) AboutYour Device. We may collector receive information regarding your computer, phone, tablet, or other device used to access the Services including:
(A) type of device;
(B) IP address or proxy server;
(C) location;
(D) device, application, and/or advertising identifier number (“IDFA” or “AdID”);
(E) browsertype;
(F) hardware model and/or operating system and version (e.g., iOS, Android or Windows);
(G) internet service provider and/or mobile carrier;
(H) network type (WiFi, 3G, 4G, LTE); and
(I) other system configuration information.
Additionally, our Services may require us to collect images and otherinformation from your devices’ cameras, photos, and microphones, including informationfrom device sensors, such as accelerometers, gyroscopes, compasses, andmicrophones.
(iv) FromCookies and Other Technologies.We may use technologies like cookies and pixel tags to provide, improve,protect, and promote our Services. Cookies are small text files an app orwebsite can use to recognize a repeat visitor to the app or website. Pixel tagsenable us and these third-party advertising companies to recognize a browser’scookie when a browser visits the site on which the pixel tag is located inorder to learn which advertisement brings a user to a given site. We may useboth session cookies, which expire once you close the App or Site, andpersistent cookies, which stay on your computer, table, mobile, or other deviceuntil you delete them and other technologies to help us collect data and toenhance your experience with the Services. We may use cookies for variouspurposes, including to (a) personalize your experience; (b) analyze whichportions of the App are visited and used most frequently; and (c) measure andoptimize advertising and promotional effectiveness. If you do not want us todeploy cookies while using the Services, you may be able to opt out by settingyour device to reject cookies, however, your ability to use some of thefeatures of the Services may be affected.
(v) PublicInformation. We may collectdata from activity and information that is publicly visible and/or accessibleon blockchains or other public sources. This may include, for example,blockchain wallet addresses and information regarding purchases, sales, ortransfers of NFTs, which may then be associated with other data you haveprovided to us.
(vi) Information Collected by or Through Third-Party Advertising Companies. We may share Other Information about youractivity on the App with third parties for ad distribution and ad optimization.These third parties may use cookies, pixel tags (also called web beacons orclear gifs), and/or other technologies to collect Other Information for suchpurposes. In addition, we may receive Other Information from advertisers and/ortheir service providers such as advertising identifiers, IP addresses, andpost-conversion data.
2. How Information is Used. Generally, we use thePersonal Information, Payment Information, Geolocational Information, and theOther Information (collectively, the “Information”) to:
(a) provideand improve our Website, App, and other services;
(b) communicatewith you;
(c) torespond to user inquiries and offer support services;
(d) administerour promotional programs;
(e) solicityour feedback;
(f) informyou about our products and services;
(g) enhancethe safety and security of our products and services;
(h) verifyyour identity to help prevent fraud or other unauthorized or illegal activity;and
(i) enforce,investigate, and report conduct violating our Terms of Service and other usagepolicies, respond to requests from law enforcement, and comply with legalrequirements.
3. HowInformation is Shared. NDFT does not sell your Personal Information and has not done so in thepast twelve (12) months. However, we may share your Personal Information incertain situations, such as the following:
(a) Third-PartyPartners. In order toprovide our Services and administer our promotional programs, we may share theInformation with our third-party promotional and marketing partners, including,without limitation, businesses participating in our various programs. We mayalso engage third-party companies and individuals to perform functions on ourbehalf. Examples may include providing technical assistance, customer service,marketing assistance, and administration of promotional programs. These othercompanies will have access to the Information only as necessary to performtheir functions and to the extent permitted by applicable law.
(b) OtherUsers and Applications. Certainfeatures of the Services may be designed to help you collaborate with others,or let you make additional information to others, including the public. If youcollaborate with others, such as your employer or other coworkers, or make yourcontent or profile available to others, such as other users or the public, suchthird parties may have access to some of your basic information, including yourusername, name, profile picture, email address, or shared content. You may alsohave the option to choose to connect your NDFT account with third-partyservices, in which event you enable NDFT and such third-parties to exchangeinformation about you and information in your account.
(c) PublicBlockchain Activity. Inorder to provide the Services, we may display or share information relating toyour public activity on blockchains, and/or NDFT. For example, we may usetechnology like APIs to make certain information such as your blockchain activityavailable to websites, apps, and others for their use.
(d) AggregatedInformation. In an ongoingeffort to better understand our users, the App, the Site, and our other productsand services, we may analyze certain Information in anonymized and aggregateform to operate, maintain, manage, and improve the App, the Site, and/or ourother products and services. Such aggregate information will not identify youpersonally. We may share and/or license this aggregate data to our affiliates,agents, business and promotional partners, and other third parties. We may alsodisclose aggregated user statistics to describe the App, Site, and otherproducts and services to current and prospective business partners andinvestors and to other third parties for other lawful purposes.
(e) AffiliateCompanies. We may share someor all of your Information with any of our parent companies, subsidiaries,joint ventures, or other companies under common control with us.
(f) CorporateRestructurings. As we developour businesses, we might sell or buy businesses or assets. In the event of acorporate sale, merger, reorganization, sale of assets, dissolution, or similarevent, the Information may be part of the transferred assets.
(g) LegalRequirements. To the extentpermitted by applicable law, we may also disclose the Information when requiredby law, court order, or other government or law enforcement authority orregulatory agency, or whenever we believe that disclosing such Information isnecessary or advisable to (a) protect the rights, property, or safety of us orothers, including you; (b) prevent fraud or abuse of NDFT or our users, or (c) toperform a task carried out in the public interest.
4. Do-Not-Track. Many web browsers and some mobile operatingsystems and applications include a Do-Not-Track ("DNT") feature orsetting that allows users to signal their privacy preference not to have dataabout their activities monitored and collected. However, because there is nouniform industry standard at this time for defining what DNT is and respondingto DNT signals, we do not currently respond to DNT signals or any othermechanism that automatically communicates your choice not to be tracked online.
5. Accessing and Modifying Information and Communication Preferences. If you have provided us any PersonalInformation, you may access, remove, review, and/or make changes to certaininformation through your account settings page. Additionally, you may have theright under applicable privacy and data protection laws to: (a) request accessand obtain a copy of your Personal Information, or certain details regardingthe ways in which we use and disclose your Personal Information; (b) requestcorrection/rectification of inaccurate Personal Information that we hold aboutyou; (c) request deletion of your Personal Information; (d) object to orrestrict the processing of your Personal Information; (e) request portabilityof your Personal Information, and (f) if we have collected and processed your PersonalInformation based on your consent, you may have the right to withdraw yourconsent at any time. You may exercise these rights by contacting us as setforth in the “How to Contact Us” section below. Please note, however, that suchrights are not absolute and may apply only in certain circumstances. If suchrights are not provided under applicable law for your operating entity orjurisdiction, NDFT has full discretion in fulfilling your request. In allcases, NDFT will respond to your request in accordance with applicable laws,which may include requiring you to verify your identity.
6. Marketingand Promotional Communications.From time to time, we may send you marketing and promotional communication. Youmay manage your receipt of any such marketing and non-transactionalcommunications by clicking on the “unsubscribe” link located on the bottom ofany of our marketing e-mails. We will use commercially reasonable efforts toprocess such requests in a timely manner. You should be aware, however, that itis not always possible to completely remove or modify information in oursubscription databases. You cannot opt out of receiving transactional e-mailsrelated to the Services (e.g., requests for support). We may also delivernotifications to your mobile or other device (e.g., push notifications). Youcan disable these notifications by deleting the relevant service or by changingthe settings on your mobile or other device.
7. Retention. We may retain your Information for as long as necessary to providethe Services, to fulfill the transactions you have requested, or for otheressential purposes such as complying with our legal obligations, maintainingbusiness and financial records, resolving disputes, maintaining security,detecting and preventing fraud and abuse, and enforcing our agreements.
8. How We Protect Your Information. We take commercially reasonable steps to protect Information fromloss, misuse, and unauthorized access, disclosure, alteration, or destruction.Please understand, however, that no security system is impenetrable. We cannotguarantee the security of our databases or the databases of the third partieswith which we may share such Information, nor can we guarantee that theInformation you supply will not be intercepted while being transmitted over theInternet. In particular, e-mail sent to us may not be secure, and you shouldtherefore take special care in deciding what information you send to us viae-mail.
9. Important Notices to Non-U.S. Residents. The Services and their servers are operatedin the United States. If you are located outside of the United States, pleasebe aware that your Information, including your Personal Information, may betransferred to, processed, maintained, and used on computers, servers, andsystems located outside of your state, province, country, or other governmentaljurisdiction where the privacy laws may not be as protective as those in yourjurisdiction. If you are located outside the United States and choose to use theServices, you hereby irrevocably and unconditionally consent to such transfer,processing, and use in the United States and elsewhere.
10. ThirdParry Services, Wallets, and Content. As noted above, the Services may include, or link to, content,services, and websites owned or provided by third-parties, includingthird-party wallet providers. This Privacy Policy does not address the privacypractices of any third parties that NDFT does not own, control, or is otherwiseaffiliated with. Nor does NDFT have any control over the privacy practices orthe content of any such third-parties. As such, NDFT is not responsible for thecontent or the privacy policies of any third-party websites or services you maychoose to access, and you should check the applicable third-party privacypolicy and terms of use when visiting any other websites or services. Although,to use certain aspects of our Services, you may be required to use a walletwhich allows you to engage in transactions on public blockchains, yourinteractions with any such third-party wallet provider shall be governed by theapplicable terms of service and privacy policy of that third party provider.
11. Minors. The Appis not directed to minors under the age of 18. We adhere to the Children’sOnline Privacy Protection Act (COPPA) and will not knowingly collect PersonalInformation from any child under the age of 13. We ask that minors (under theage of 18) not use the App. If a child under the age of 18 has provided us withPersonal Information, a parent or guardian of that child may contact us andrequest that such information be deleted from our records.
12. Jurisdiction-SpecificInformation. For customersor user located in the states or regions listed below, you may have additionalrights and obligations. For users in the below listed regions, states, orcountries, please review the links below for more information relating to yourrights and our obligations under applicable law:
(a) CaliforniaConsumer Privacy Act. OnJanuary 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) tookeffect and established requirements and rights relating to personal informationof California consumers. The California Supplement Privacy Notice (the“Notice”) included at the end of this Privacy Policy applies solely tovisitors, users, and others who reside in the State of California. We adopt thisNotice to comply with the CCPA and other California privacy laws. Any termsdefined in the CCPA have the same meaning when used in the Notice.
13. Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top ofthis Privacy Policy. We may change this Privacy Policy from time to time. Anysuch changes will be posted on our Services. By accessing the Services after wemake any such changes to this Privacy Policy, you are deemed to have acceptedsuch changes. Please be aware that, to the extent permitted by applicable law,our use of the Information is governed by the Privacy Policy in effect at thetime we collect the Information. Please refer back to this Privacy Policy on aregular basis.
14. GoverningLaw. All matters relating to this Privacy Policy, the Site, the App, or NDFT’sTerms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without regard to conflict of laws principles.
How to Contact Us. If you have questions about this Privacy Policy, please e-mail us at info@ndft.ai with“Privacy Policy” in the subject line.
