Thank you for visiting www.arcadia.earth (the “Website”) and reviewing our Privacy Policy. This Privacy Policy (“Policy”) applies to personal information we collect on this website. Arcadia Earth LLC and its affiliates (“Arcadia Earth” “we,” our,” or “us’) is responsible for this website.

Arcadia Earth LLC provides an online metaverse platform allowing our users from anywhere in the world to host virtual galleries, exhibitions, conferences and events in artist-built customizable worlds using augmented and virtual reality (“AR/VR”) teleconferencing (the “Platform”) where you can instantly display your art and other visual content and view them in 3D. This Policy is designed to help you understand our practices regarding the collection, use, and disclosure of certain information, including your personal information, and to assist you in exercising your privacy rights.

A. SCOPE

This Policy applies to information processed by us in the course of our business, including on our Website, our mobile applications (the “Apps”), the Platform, and our related online and offline offerings (collectively, the “Services”).

B. WHAT TYPE OF INFORMATION WE COLLECT AND HOW WE USE IT

When you use our Services, we may collect the following kinds of information and use it as described below:

1. Account Information. When you sign up for an account to use our Services, you may be asked to provide us with personal information. This may include your name, email address, gender, phone number, profile photo or image, and AR/VR device type. Your avatar or the user name which you associate with your account may not be personal information depending on the extent to which either item identifies you. For commercial users, we may collect additional personal information from you including the name and address of your business and your role at the business.

2. Your Communications with Us. We collect personal information from you such as your email address, name, employer or other company with which you are associated, AR/VR device type, and purchasing plans when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

3. Virtual Worlds. When you use our Services, you can create and customize virtual worlds and visit virtual worlds created by others. The Services allow you to upload images, and all manner of content (collectively, “Content”) into the worlds so that you may easily share and collaborate with other individuals. We collect and store data describing the worlds and the Content uploaded to the worlds and also reserve the right to share the Content with third parties.

4. Teleconferencing. The Services allow you to teleconference with other users within the worlds using the sensors on your AR/VR device. When you do this, audio and video of you and your surroundings will be captured by us and provided to other users along with your Avatar to enable AR/VR teleconferencing. We also collect and store usage information describing teleconferencing activities within the worlds, such as the number of files uploaded, times and durations of the teleconferences, and the identities of the users who participated in the teleconferences.

5. Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

6. Registration for Sweepstakes or Contests. We may run sweepstakes and contests. Contact information you provide may be used to inform you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information about winners.

7. Conferences and Trade Shows. We may attend conferences and trade shows where we collect personal information from individuals who interact with or express an interest in Arcadia and/or the Services. If you provide us with any personal information at one of these events, we will use it for the purposes for which it was collected.

8. Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

9. Job Applications. We may post job openings and opportunities on the Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and process the information contained therein, which includes personal information, to assess your suitability, aptitude, skills, and qualifications for employment.

10. Automatic Data. We obtain certain information by automated means when you visit our Website and/or use the Services, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our Website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.

11. AR/VR Device Information. We automatically collect microphone and telemetry information from your AR/VR device when you use the Services. The telemetry information describes your AR/VR device and how you use it, and may include information about the type of AR/VR device, its configuration, and how it is performing. The telemetry information may also describe other devices used in connection with the AR/VR device such as a computer or mobile device, and information about your network connection. The telemetry information may additionally include information about your physical environment and movements within the environment. With your consent, we may collect personal information describing your precise location using a GPS or other sensor on the AR/VR device or other device used in connection with the AR/VR device. You may opt out of this collection by changing the settings on your AR/VR device or other device. If you are using a shared AR/VR device, you should ensure that its settings reflect your preferences before participating in a teleconference using the Services.

12. Cookies, Web Beacons, and Personalized Advertising. Like many companies, we use “cookies” on this Website. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the site and determine which areas and features of the site are the most popular. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.
    Certain pages on this Website may contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.
    We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our Website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

13. Analytics. We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this Website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.

14. Other Sources. We may obtain personal information about you from other sources, including through third party services. Arcadia may allow you to register for an account and/or use our Services with certain third-party login services such as Google (each, a “Third-Party Account”). If you use our Services with a Third-Party Account, we will receive basic information tied to the account such as your email address, full name, profile photo and unique user IDs or tokens used by the third party service. We will also receive files and other information from these third-party services that you specifically link to while using the Services, such as files from Google Drive, Google Docs or Dropbox.

15. Other Uses. We use your personal information for a variety of reasons, which include but are not limited to managing your information, processing payments, providing access and functionalities within the Website, responding to questions or comments, providing technical support, conducting marketing of our Services and affiliated research, verifying identities, developing new products and services, communicating with you, and complying with our legal obligations.

C. WE MAY ALSO DISCLOSE YOUR INFORMATION TO OTHERS

We do not sell or otherwise disclose personal information about our clients or customers, except as described here.  We may share any personal information we collect about you with our third-party service providers. The types of service providers to whom we entrust information include service providers for: (i) the providing of the Services; (ii) the provision of information, products, and other services you have requested; (iii) marketing and advertising; (iv) payment and transaction processing; (v) customer service activities; and (vi) the provision of IT and related services.  Additionally, we may provide personal information to business partners to provide you with a product or service you have requested. We may also provide personal information to business partners with whom we jointly offer products or services.

We may allow third party advertising partners to set certain technologies and other tracking tools to collect personal information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party services within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” Depending on your place of domicile and applicable law, we may request your express consent to undertake such activities. If you prefer not to share your personal information with third party advertising partners, please contact us at [email protected].  

Additionally, certain personal information will be accessible to other users and the public. This personal information will include your personal profile (which may constitute personal information), and may include Content you choose to present via public listing, including any audio or images of you or your surroundings. Please be aware that we have little or no control over how individuals may use the Content you share.

We may use third party APIs and software development kits as part of the functionality of our Services. APIs and software development kits may allow third parties to collect your personal information, subject to applicable law, to provide Content that is more relevant to you.

We use certain biometric and audio data provided by the microphone, front and rear facing cameras, and TrueDepth and ARKit to locate and transmit the user’s voice, camera video feed, 3D physical position and facial expression. Data, including personal data, is transmitted through our Services and trusted and verified third-party services to other participants on your current call. All data is encrypted in transit, is never stored on our servers and is not used for marketing or advertising purposes.

We may access, preserve, and disclose any personal information we store in association with you to external parties if we, in good faith, believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) protect your, our, or others’ rights, property, or safety; (iii) enforce our policies or contracts; (iv) collect amounts owed to us; or (v) assist with an investigation and prosecution of suspected or actual illegal activity.

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your personal information may be transferred as part of such a transaction as permitted by law and/or the legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

You also agree that all personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, other countries which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

D. LEGAL DISCLOSURE FOR PROCESSING OF INFORMATION IN CERTAIN TERRITORIES

We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

For users located in the European Union or United Kingdom, the General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

• Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time.
• Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.

For users located in Canada, we may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time. In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

• If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
• For investigations and fraud detection and prevention
• For business transactions provided certain conditions are met
• If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
• For identifying injured, ill, or deceased persons and communicating with next of kin
• If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
• If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
• If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
• If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
• If the collection is solely for journalistic, artistic, or literary purposes
• If the information is publicly available and is specified by the regulations

E. OPTING INTO OR OUT OF CERTAIN USES

You may have the right to opt into and/or opt out of certain uses of your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time by contacting us at [email protected].

You can at any time use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms and/or the Policy).

We may send you push notifications through our Apps. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. With your consent, we may also collect precise location information if you use our Apps. You may opt out of this collection by changing the settings on your mobile device.

Do Not Track is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor Do Not Track signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising. You may stop or restrict the placement of certain echnologies on your device or remove them by adjusting your preferences as your browser or device permits. Depending on your domicile and applicable law, we may seek your express consent to the placement of cookies. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt out of personalized advertisements on some mobile applications by following the instructions for Android and iOS.

F. PRIVACY RIGHTS

Depending upon your location and in accordance with applicable laws, such as if you are resident in the EEA, Switzerland, the UK, California, or certain other locations, you may have the right to:

• Access personal information about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic personal information transferred to another party.
• Request correction of your personal information where it is inaccurate or incomplete.
• Request deletion of your personal information, subject to certain exceptions prescribed by law.
• Request restriction or object to processing of your personal information, including the right to opt in or opt out of the sale of your personal information to third parties.
• Not be discriminated against by us for exercising your privacy rights.

If you would like to exercise any of these rights, please contact us at [email protected].  We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.

G. HOW WE PROTECT PERSONAL INFORMATION

We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this Website or in our stores against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.

We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) and/or Federal tax identification numbers (“EINs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs and/or EINs, (ii) prevent unauthorized third-party access to SSNs and/or EINs, and (iii) prohibit unlawful disclosure of SSNs and/or EINs.

H. CHILDREN’S PRIVACY

Our Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.

I. CALIFORNIA RESIDENTS HAVE CERTAIN ADDITIONAL RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at [email protected].  

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

J. THIRD PARTY WEBSITES/APPLICATIONS

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of, such other websites or applications. Visiting these other websites or applications is at your own risk.

K. POLICY CHANGES

We may revise this Policy from time to time in our sole discretion, and such revisions may reflect compliance with applicable law as it changes. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

L. GOVERNING LAW AND JURISDICTION

This Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Delaware. All disputes arising out of any terms or conditions of this Policy shall be subject to the exclusive jurisdiction of the state or federal courts in New York County, New York.

M. NO WARRANTIES

TO THE EXTENT PERMITTED BY LAW WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS POLICY, OUR WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.