PRIVACY AND COOKIE POLICY

DATE: April 10, 2023

Key2, LLC (“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 KEY2 website, mobile app, and other software provided on or in connection with our services (together the “Sites”), as described in our Terms of Service (collectively, the “Service”). If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at contact@key2.io. When you visit our website www.key2.io, and use our services, you trust us with your personal information. We take your privacy very seriously. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Sites and our services. Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

By accessing, browsing, and/or using any websites owned, operated or controlled by us, our social media networking webpages, and mobile applications (together the "Sites"), you are deemed to accept this Privacy Policy and agree to be bound by it.

1.  WHAT IS “PERSONAL DATA” AND “ANONYMOUS DATA”?

“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.

2.  TYPES OF PERSONAL DATA WE COLLECT

Depending on the nature of your interactions with us, we may collect some or all of the following categories of Personal Information:

  1. “Identifiers,” such as first and last name, zip code, email address, IP address, cookie ID and similar information
  2. “Account Information” such as the information that you add to your account to use our Service. We collect information and other data you add to your account such as email address, username, linked social media accounts, favorited items and other preference settings that you make.
  3. “Blockchain Information” such as your wallet address functions as your identity on our Sites. We provide you with your own Key2 wallet address but you may have used another wallet address to purchase your membership. Both types of blockchain information are collected and may be associated with you or information you provide when you use our Service.
  4. “Device or Browser Information,” such as device or browser type and configuration
  5. “Financial Information,” such as payment information if you make a payment through our mobile app (which is processed securely on our behalf by a trusted vendor)
  6. “Location Information,” such as your approximate location when you access the Site
  7. “User Content,” such as information you choose to share through the Site’s chat or email features or comments or other content posted to a form on our Site
  8. “Internet Activity” or “Usage Data,” such as information about how you use the Service, including the specific pages or links you use, or interactions with email communications or notifications sent on our behalf
  9. “Profile Information,” which includes inferences we make about your interests for marketing or other commercial purposes based on other types of Personal Information we collect about you; and
  10. Other categories disclosed to you at the point of collection.

3.  HOW WE COLLECT YOUR PERSONAL AND ANONYMOUS DATA

We collect Personal Data and Anonymous Data using the collection sources as described below:

3.1  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, username, and other information you provide.
  2. We also collect your blockchain address, which may become associated with Personal Data when you use our Service.
  3. Our Service lets you store preferences like how your content is displayed, notification settings, and favorites. We may associate these choices with your ID, browser, or mobile device.
  4. 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.
  5. We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we state that Personal Data is being collected.
  6. You aren’t required to provide any Personal Information to access the Site, but you may choose to provide some when you fill out a form on the Site, use the chat function or send us an email. If you use the chat function, we collect your full name, email address and other Identifiers to verify your Cardmember status.
  7. When you enter your credit card or wallet address to make a payment, we collect your payment information and wallet address.

3.2  Information Collected via Technology:

As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  1. Information Collected by Our Servers. To provide our Service and make it more useful to you, we (or a third party service provider) collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol (“IP”) address, mobile device ID, blockchain address, wallet type, and date/time stamps.
  2. Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Service, it will recognize you and the information can be used to personalize your experience.
  3. Cookies. Like many online services, we use cookies to collect information. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to analyze how users interact with our Service, make improvements to our product quality, and provide users with a more personalized experience.
  4. Pixel Tag. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags allow us to analyze how users find our Service, make the Service more useful to you, and tailor your experience with us to meet your particular interests and needs.
  5. How We Respond to Do Not Track Signals. Our systems do not currently recognize “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site.
  6. Analytics Services. In addition to the tracking technologies, we place like Cookies and Pixel Tags, other companies may set their own cookies or similar tools when you visit our Service. This includes third-party analytics services (“Analytics Services”) that we engage to help analyze how users use the Service. The information generated by the Cookies or other technologies about your use of our Service (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity, which we may receive on an individual or aggregate basis. We use the information we get from Analytics Services to improve our Service. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ terms of use and privacy policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

3.3  Information Collected from Third-Party Companies

We may receive Personal and/or Anonymous Data about you from companies that offer their products and/or services for use in conjunction with our Service or whose products and/or services may be linked from our Service. For example, third-party wallet providers provide us with your blockchain address and certain other information you choose to share with those wallets providers. We may add this to the data we have already collected from or about you through our Service. Other types of information collected from third-parties include, but are not limited to, the following:

  1. third-party wallet providers that provide us with your blockchain wallet address and certain other information you choose to share with those wallet providers;
  2. data analytics providers or vendors who provide us information related to certain blockchain wallet addresses;
  3. vendors who provide communication and identity verification services to us and which you choose to use; and
  4. other vendors who provide us information necessary to run our business or enforce our Terms of Service.

3.4  Public Information Observed from Blockchains:

We collect data from activity that is publicly visible and/or accessible on blockchains. This may include blockchain addresses and information regarding purchases, sales, or transfers of Non-Fungible Tokens (“NFTs”) or cryptocurrencies, which may then be associated with other data you have provided to us.

4.  HOW WE USE YOUR PERSONAL DATA.

We process your Personal Data to run our business, provide the Service, personalize your experience on the Service, and improve the Service. Specifically, we use your Personal Data to:

  1. Facilitate the creation of and secure your account;
  2. Identify you as a user or member in our system;
  3. Provide you with our Service, including, but not limited to, helping you view, explore, purchase and redeem offerings from our Service and those from our third-party vendors;
  4. Assist you in using our tools and, at your own discretion, connect directly with others to purchase, sell, or transfer NFTs, tokens or other Service offerings;
  5. Improve the administration of our Service and quality of experience when you interact with our Service, including, but not limited to, by analyzing how you and other users find and interact with the Service;
  6. Provide customer support and respond to your requests and inquiries;
  7. Investigate and address conduct that may violate our Terms of Service;
  8. Detect, prevent, and address fraud, violations of our terms or policies, and/or other harmful or unlawful activity;
  9. Display your username next to the NFTs currently or previously accessible in your wallet, and next to NFTs on which you have interacted;
  10. Send you a welcome email to verify ownership of the email address provided when your account was created;
  11. Send you administrative notifications, such as security, support, and maintenance advisories;
  12. Send you notifications related to actions on the Service, including notifications of offers on your NFTs or other assets in your wallet;
  13. Send you notifications related to updates on our Service and our offerings for you to explore, purchase or redeem;
  14. Customize the display of our offerings based on the preferences that you may have selected or based on your interactions with our Service;
  15. Send you newsletters, promotional materials, and other notices related to our Services or third parties' goods and services;
  16. Provide you with recommendations or booking details related to your requests that you have made using our concierge service;
  17. Respond to your inquiries related to employment opportunities or other requests;
  18. Comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law, and/or to pursue or defend against legal threats and/or claims; and
  19. Act in any other way we may describe when you provide the Personal Data.

In addition, we may create Anonymous Data records from your 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.

5.  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: provide technical infrastructure services; conduct quality assurance testing; analyze 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. Corporate Partnerships. We may share some or all of your Personal Data in connection with or during negotiation of any corporate partnership that we are forming to assist us in our negotiations that reasonably will include data related to our Service, members’ use of our Service and other relevant information. Upon the completion of a corporate partnership agreement, the corporate partner may receive limited access to some of the information that we state in this Privacy Policy or that you provide to them to use, access or redeem the offering that we list as part of our Service as a result of our agreement with the corporate partner. Any such information must only be used in accordance with our Privacy Policy and Terms of Service.
  5. Analytics and Marketing Partners. We may share your Personal Information with analytics or marketing partners to measure performance of our Site, our Service, and/or marketing efforts. This sharing may involve the use of browser cookies and similar technologies placed throughout our Site by our partners. For example, when you visit our Site, our partner’s Cookies may cause your browser to automatically send a request to our partner’s server and provide our partner with your IP address, other Identifiers, Device Information or Internet Activity. (An analytics or marketing partner may have an agreement with us that qualifies them as our restricted vendor, in which case they are prohibited from using or disclosing the Personal Information we share with them for any purpose other than providing services to us.)
  6. Legal Rights. Regardless of any choices you make regarding your Personal Data (as described below), KEY2 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 KEY2; (c) to protect or defend the rights or property of KEY2  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.
  7. 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.

6.  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.

7.  THIRD-PARTY WALLETS

To use our Service, you may have used 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.

8.  YOUR CHOICES REGARDING INFORMATION

You have several choices regarding the use of information on our Services:

8.1  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.

8.2  Text Communications:

We may periodically send you newsletters and/or texts that directly promote the use of our Service or third parties’ goods and services, updates on your membership or other information related to our Service. When you receive promotional communications or other membership information from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the text you receive or through the Notifications preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.

8.3  Cookies:

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.

9.  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:

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.

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.”

If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us by using the “Submit a request” link *INSERT LINK WEBSITE ADDRESS* or at 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.

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.

10.  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.

11.  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.

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 KEY2 at contact@key2.io.

12.  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 KEY2’s account, but only with the involvement of the account holder. If a child under 13 submits Personal Data to KEY2 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 contact@key2.io

13.  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.

14.  CHANGES TO OUR 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://key2.io/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.

15.  QUESTIONS:

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 by sending us an email at contact@key2.io