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.
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:
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@example.com.
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.
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:
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:
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 firstname.lastname@example.org.
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:
If you would like to exercise any of these rights, please contact us at email@example.com. 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 firstname.lastname@example.org.
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
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.