Last Modified on June 1, 2022
This Privacy Policy describes how NFT Technologies, Inc. (“NFT Technologies,” “we”, “us” or “our”) handles personal information that we collect through the Cast.Art website that link to this Privacy Policy, as well as through social media, our marketing activities, and other activities described in this Privacy Policy (collectively, the “Cast.Art Service”). Please take a moment to read this Privacy Policy carefully. If you have any questions about this Policy, please submit your request via our Support Portal. We may modify this Privacy Policy from time to time which will be indicated by changing the date at the top of this page. If we make any material changes, we will notify you by email (if you have an email address specified in your account), by means of a notice on our website prior to the change becoming effective, or as otherwise required by law.
1. ACCEPTANCE OF THIS PRIVACY POLICY
By accessing and using the Cast.Art Service, you signify acceptance to the terms of this Privacy Policy. We may provide additional "just-in-time" disclosures about certain data processing practices within the Cast.Art Service; these disclosures may supplement or clarify the privacy practices described here, or may provide you with additional choices about how we process your personal information.
If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should immediately discontinue access or use of the Cast.Art Service.
2. THE PERSONAL INFORMATION WE COLLECT
Information you provide to us.Personal information you may provide to us through the Cast.Art Service or otherwise includes:
Third-party sources.We may combine personal information we receive from you with personal information we obtain from these other sources:
Information Collected Automatically.We, our service providers, and our business partners may collect certain types of information automatically, such as information about your device, your usage of and interaction with the Cast.Art Service, and interaction with other online services. This information helps us address customer support issues, improve the performance of the Cast.Art Service, provide you with a streamlined and personalized experience, and protect your account from fraud or abuse, such as by detecting unauthorized access. Information collected automatically includes:
3. HOW YOUR PERSONAL INFORMATION IS USED
We may use your personal information for the following purposes or as otherwise described at the time of collection:
1) To deliver the Cast.Art Service, including to
2) To conduct research and development, such as
3) For marketing, including
4) For compliance, protection, and account services, such as to
5) To create anonymous, aggregated or de-identified data.
4. LEGAL BASES FOR PROCESSING YOUR PERSONAL INFORMATION
Our legal bases for processing your information will depend on the personal information at issue, the specific context in which the personal information is collected and the purposes for which it is used. We generally only process your information where necessary to perform our contract with you (or to take steps at your request prior to entering into a contract with you), where we have a legitimate interest as part of operating our business, where we have a legal obligation, where we need to protect the public interest or a vital interest (yours or another person’s), or where we have obtained your consent to do so. Below is a list of how we use your personal information, as described above in Section 3, with the corresponding legal bases for processing. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the "How to contact us" section below.
Section & Purpose of Processing | Legal Basis for Processing |
(1) Cast.Art Service delivery; | Based on our contract with you or to take steps at your request prior to entering into a contract with you. |
(1) To personalize your experience; (2) Research and development; (5) To create anonymous, aggregated or de-identified data | Based on our legitimate interests. |
(4) Compliance and protection | Based on our legal obligations (to take down illegal content), to prevent fraud, the public interest, provide account services requests, or in your vital interests. |
(3) Marketing (where required by applicable law such as CAN-SPAM) | Based on your consent. |
5. WHY WE SHARE YOUR PERSONAL INFORMATION WITH OTHER PARTIES
We may share your personal information with the following parties:
Other NFT users and the public:Your activity on Cast.Art is publicly visible. This means that others on or off of the Cast.Art Service may view information you make available through the Cast.Art Service, such as when you submit comments, reviews, survey responses, and engage with or share content. This information can be seen, collected, used by, and provided to anyone on or off the Cast.Art Service, including by being cached, copied, screen captured, transmitted or stored elsewhere (such as through search engines, APIs, and other tools). Those viewing a public blockchain or a different NFT exchange can also view your NFT holdings and purchase/sale activity. You may, however, choose to limit whether certain information is visible on your Cast.Art profile - such as your email address and your NFT holdings. Your private messages with others on the Cast.Art Service are not publicly visible to others using the NFT Service.
Affiliates:Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.
Service Providers:Third parties that provide services on our behalf or help us operate Cast.Art or our business (such as hosting, information technology, customer support, identity verification, email delivery, marketing, consumer research and website analytics). Examples of the types of service providers we share personal information with include:
Linked Third-Party Services:If you choose to log into Cast.Art with, or otherwise link your Cast.Art account to, your social media account or another third-party website or application of your choice, we may be asked to share information about you with that third party, such as information relating to your profile. You should read the third party’s privacy policy and check your account settings on that service, which will govern their use of the shared information.
Authorities And Others:Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.
Business Transferees:Acquirers and other relevant participants in business transactions (or negotiations of or due diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Cast.Art or our affiliates (including, in connection with a bankruptcy or similar proceedings).
6. OTHER SITES AND SERVICES
Cast.Art may contain links to websites, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
7. HOW WE PROTECT AND STORE PERSONAL INFORMATION
We understand how important your privacy is, which is why NFT Technologies maintains (and contractually requires third parties it shares your information with to maintain) appropriate physical, technical and organizational measures to protect the security and confidentiality of the personal information you entrust to us.
We store your personal information securely throughout the life of your Cast.Art account. We will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting obligations, preventing abuse or harm, or resolving disputes. While retention requirements vary by jurisdiction, examples of our typical retention periods for different aspects of your personal information are described below.
We protect your personal information by maintaining physical, technical, and organizational measures, such as firewalls and data encryption, and physical and technical access controls. However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you also play a vital role in protecting your own personal information. When registering with Cast.Art, it is important to choose a password of sufficient length and complexity, to not reveal this password to any third-parties, and to immediately notify us if you become aware of any unauthorized access to or use of your account.
Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us or receive from us by Internet or wireless connection, including email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your account is no longer secure, please contact us using the contact information provided in the “How to contact us” section below.
8. CHILDREN
The Cast.Art Service is not intended for use by anyone under 18 years of age. If you are under 18 years of age, please do not provide any personal information through the Cast.Art Service. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us using the contact information provided in the “How to contact us” section below. If we learn that we have collected personal information through the Cast.Art Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information. If there is any personal information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent our further processing or use of this personal information.
9. CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on Cast.Art or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of Cast.Art after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
10. INTERNATIONAL TRANSFERS
To facilitate our global operations, we may transfer, store, and process your personal information within our affiliates, third-party partners, and service providers based throughout the world, including Ireland, Germany, Singapore, Japan, the UK, the US, the Philippines, and possibly other countries. We will protect your personal information in accordance with this Privacy Policy wherever it is processed and will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws. We contractually obligate recipients of your personal information to agree to at least the same level of privacy safeguards as required under applicable data protection laws.
We rely primarily on Standard Contractual Clauses (as approved by relevant national data protection regulators) to facilitate the international and onward transfer of personal information from one country to another, to the extent the recipient country is considered to not provide an adequate level of data protection. This includes transfers of non-US customer data to our US-based operating entity, NFT Technologies. We may also rely on judicial adequacy decisions confirming an adequate level of data protection in the jurisdiction of the party receiving the information, or derogations in specific situations.
By communicating electronically with NFT Technologies, you acknowledge and agree to your personal information being processed in this way. If you have a complaint about our privacy practices and our collection, use or disclosure of personal information please submit your request via our Support Portal.
11. YOUR CHOICES
Access or update your information: If you have registered for an account with us through the Cast.Art Service, you may review and update certain account information by logging into the account.
Opt-out of marketing communications:You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.
Depending on applicable law where you reside, you may also be able to assert certain rights related to your personal information identified below. Your access to these rights may be limited or denied: (a) when denial of access is required or authorized by law; (b) when granting access would adversely affect the rights and freedoms of others; (c) to protect our rights and properties; (d) where the request is frivolous or vexatious, or for other reasons.
Access and data portability: You may request that we provide you a copy of personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law). In certain circumstances, you may request to receive your personal information in a structured, commonly used and machine-readable format, and to have us transmit your personal information to another data controller.
Correction of incomplete or inaccurate personal information:You may request that we correct any of your personal information held by NFT Technologies that is incomplete or inaccurate, by logging in to your account and clicking the Profile or My Account tab.
Erasure: You may request to erase your personal information, subject to applicable law.
Withdraw consent: To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. This withdrawal will not affect the lawfulness of NFT Technologies’ processing based on consent before your withdrawal.
Restriction of processing: In some jurisdictions, applicable law may give you the right to restrict or object to us processing or transferring your personal information under certain circumstances. We may continue to process your personal information if it is necessary for the defense of legal claims, or for any other exceptions permitted by applicable law.
Automated individual decision-making, including profiling:NFT Technologies relies on automated tools to, for example, help determine whether a transaction or a customer account presents a fraud or legal risk. In some jurisdictions, you have the right not to be subject to a decision based solely on automated processing of your personal information, including profiling, which produces legal effects concerning you, or similarly significantly affects you, save for the exceptions applicable under relevant data protection laws.
Declining to provide information.We need to collect personal information such as your name, and a crypto wallet to provide certain services. If you do not provide the information we designate as required or mandatory, we may not be able to provide those services.
Linked third-party platforms. If you choose to connect to Cast.Art through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.
12. CALIFORNIA PRIVACY RIGHTS
This section describes how we collect, use, and share Personal Information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to that Personal Information. For purposes of this section, the term “Personal Information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA.
Your California privacy rights.California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law. Note, however, that these rights extend only to information that is maintained or controlled by NFT Technologies as part of your NFT account or through your direct interactions with us and will not apply to information that is maintained publicly or that is otherwise outside of NFT Technologies’ control.
We do not sell your personal information in our ordinary course of business and will never sell your personal information to third parties without your explicit consent.
Exercising your right to information, access and deletion.You may submit requests to exercise your right to information, access or deletion by logging into your account and submitting a request under account settings.
Personal information that we collect, use and disclose.The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA (Cal. Civ. Code §1798.140), and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. The terms in the chart refer to the categories of information, sources, purposes and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. In addition to the disclosures described in the chart below, we disclose Personal Information as described in the How we share your personal information section above.
Information Category | Information Source | Purpose for collection | Third Parties Shared With |
Identifiers (online): Contact data; profile data | You; third-party sources | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public |
Identifiers (other): Profile data; device data | You; third-party sources; automatic collection | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public |
California Customer Records (as defined in California Civil Code §1798.80): Contact data; transactional data; financial data; investment data; user-generated content; communications | You; third-party sources | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public |
Commercial Information: Transactional data; financial information; marketing data; online activity data | You; third-party sources; automatic collection | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public |
Financial Information: Transactional data; financial information | You; third-party sources | Cast.Art Service delivery; research & development; marketing; compliance & protection | Affiliates; professional advisors; authorities and others; business transferees |
Internet or Network Information: Marketing data; device data; online activity data | Automatic collection | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; professional advisors; authorities and others; business transferees; other users and the public |
Inferences: May be derived from: Contact data; profile data; transactional data; financial information; marketing data; user-generated content; device data; online activity data | N/A | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; professional advisors; authorities and others; business transferees |
Protected Classification Characteristics: We do not intentionally collect this information but it may be revealed in identity data or other information we collect | N/A | N/A | N/A |
Sensory Information: User-generated content (images, video or audio) | You | Cast.Art Service delivery; research & development; marketing; compliance & protection; personalization | Affiliates; service providers; third parties designated by you; linked third-party services; authorities and others; business transferees; other users and the public |
13. HOW TO CONTACT US
If you have questions or concerns regarding this Privacy Policy, please contact us on our Support page, or by writing to us at the address of our operating entity (1 Purlieu Place, Winter Park, FL 32792).