Privacy Notice

1. This Privacy Notice

Please carefully read this Privacy Notice as it provides you with information about your personal data being processed in connection with your access to and use of the Platform. This Privacy Notice explains which types of personal data we hold on you, how we collect and process such data, how long we keep it, and so on. We handle your data in line with this Privacy Notice and strive to comply with applicable data protection laws.

2. Interpretation

Unless otherwise provided in this Privacy Notice, capitalised terms used in this Privacy Notice have the meaning determined in the Terms (the "Terms"). You should read the Terms carefully as they affect your obligations and legal rights. "Personal data" and "personal information" are used as synonyms and mean any information that identifies or can reasonably identify you as an individual, either directly or indirectly.

3. Contact Details

We, Gearbox Foundation, a company established under the laws of the Cayman Islands, are the data controller for the data collected under this Privacy Notice, meaning we determine how and why your data is processed. If you have any questions regarding processing of your personal data, do not hesitate to contact us at legal@gearbox.foundation.

4. What Information We Collect

We collect and process the following types of personal data, depending on how you interact with us and use the Platform:

1. Wallet Data

   This includes Wallet addresses, which are public blockchain addresses associated with your Wallet, and information about blockchain transactions associated with it, which may include information about transaction ID, amount, status, time and date, etc. While a Wallet address alone does not identify a specific individual, when combined with other data (such as a name, nickname, or email address), it may enable identification. As a result, such combined data could be considered personal information. However, since we do not process any additional information, your Wallet Data is typically not personally identifiable for us.

2. Analytical Data

   1. Google Analytics Data

      This includes Internet protocol (IP) address; browser details, including information about the browser type and its version; device details, including information about the type of device; operating system information, as well as other information regarding the use of the Platform. Google Analytics Data is collected through cookies, which are small data files stored on your device. These cookies help identify your device when you interact with or return to the Platform. More information regarding Google Analytics is available here.

   2. Google Tag Manager Data

      This includes device details, page views, clicks, scroll behaviour, browser and device type, IP address, location data, and other data regarding the use of the Platform. Google Tag Manager Data is gathered by means of tags. Tags are segments of code provided by analytics, marketing, and support solutions, such as Google Analytics, to help us integrate their products into the Platform. More information regarding the Google Tag Manager is available here.

   3. Mixpanel Data

      This includes device details such as the device ID, operating system and version, device model, manufacturer, and brand; system information such as screen dimensions, app version and build number, and library version details; IP address data, including city, region, country, and time zone; usage and interaction data, such as event timestamps, session details, app launch events and duration, and processing time metrics; as well as other information related to the use of the Platform. Mixpanel Data is collected through cookies. More information regarding Mixpanel is available here.

   4. Data Processors

      The Google Analytics Data and Google Tag Manager Data are collected by Google Ireland Limited and its affiliates, including Google LLC ("Google"); the Mixpanel Data is collected by Mixpanel, Inc. and its affiliates ("Mixpanel"). Google and Mixpanel generate reports containing aggregated data about how the Platform is used. These reports do not include information that identifies particular individuals, so we cannot distinguish your actions from those of other visitors. With respect to Analytical Data, Google and Mixpanel act as our data processors. However, if Google or Mixpanel use this data for their own purposes, they act as independent data controllers. In such cases, we are not associated with or responsible for that processing. You can learn more about how your personal data is processed in Google's privacy policy and Mixpanel's privacy statement.

3. Contact Data

   This may include name, contact details (such as email address, Telegram and Discord account handles), social media (such as X (Twitter), Telegram channel), and other data, depending on what information you provide to us. Please do not provide personal data unless it is reasonably necessary or requested by us. Please note that we may also collect certain other information, which may be required under the applicable laws.

4. Communication Channels Data

   When accessing or participating in our Communication Channels (e.g., X (Twitter), Discord, Telegram), you may provide personal data such as nicknames, names, photos, messages, comments, and other shared information. Additionally, the operators of the Communication Channels may automatically generate certain anonymised statistical and analytical data regarding the use of the Communication Channels. Under applicable laws, we may act as a data controller or joint controller of this data. If we are deemed a joint controller, you may exercise your data protection rights with both us and the respective operator of the Communication Channel. However, we can only assist with processing operations explicitly covered in this Privacy Notice.

5. How We Use the Information

We process the personal data as follows:

1. Wallet Data

   We use the Wallet Data (i) to ensure the operation of the Platform and enable you to use its functionality; (ii) to comply with the applicable laws and regulations; and (iii) to analyse Platform usage and improve its functionality, prevent and detect fraud or abuse, as well as safeguard the security of the Platform and its users.

   The lawful basis for such data processing is (i) the performance of a contract between you and us; (ii) if you act on behalf of an entity, our legitimate interest to ensure the access and use of the Platform by the entity you represent; (iii) our legal obligation to comply with the applicable laws; and (iv) our legitimate interest in analysing usage, improving functionality, and ensuring the Platform's and its users' security.

2. Analytical Data

   We use the Analytical Data to analyse the use of the Platform, its stability, performance, and installation quality, as well as provide a better user experience.

   The lawful basis for such data processing is your consent and our legitimate interest to improve functionality, usability, user flow, and interface of the Platform. When you visit the Platform, you are able to opt out from using cookies that are not necessary for the functioning of the Platform. You also may object to the collection of personal data by Google by downloading and installing a browser add-on from Google.

3. Contact Data

   We use the Contact Data to respond to your inquiry.

   The lawful basis for such data processing is our legitimate interest to respond to your inquiry, and, where relevant, taking steps to enter into a contract upon your request or the performance of such a contract.

4. Communication Channels Data

   We use the Communication Channels Data (i) to communicate with visitors, participants, and subscribers; (ii) to handle requests and inquiries received via Communication Channels; and (iii) to gather statistical insights on audience reach and engagement.

   The lawful basis for such data processing is our legitimate interest in achieving the stated purposes. If you intend to enter into a contract with us, the processing is also based on the necessity to take steps to enter into a contract upon your request or the performance of such a contract. However, beyond the data processing outlined in this Privacy Notice, we have no control over how the respective operator of the Communication Channel handles your personal data in connection with your use of its services.

6. Processing Period

As a general rule, we keep your personal data as long as we need it for the purposes it was collected. We may retain it longer if required to meet our legal obligations, in relation to legal proceedings, or to protect our rights and legitimate interests or those of third parties. The storage periods are as follows:

1. Wallet Data

   We do not establish any limitation period with respect to the Wallet Data that is not personal data, and we are not able to identify any particular individual with such Wallet Data. Furthermore, we do not store Wallet Data in any commonly known form, as we retrieve the information directly from the relevant blockchain on an as-needed basis. Please note that due to the nature of a blockchain, the Wallet Data may be stored permanently on the applicable blockchain, not by us, and may be accessed and viewed by any person, including us, at any time. Please consider the features of the blockchain data processing outlined in 'Your Information and Blockchain' section of this Privacy Notice below.

2. Analytical Data

   There is no storage period as the Analytical Data is anonymous, aggregated, and does not allow for identifying any particular person against the visitors of the Platform. If and to the extent we become able to identify any particular person, we will promptly update this Privacy Notice and establish a certain limitation period for processing the Analytical Data.

3. Contact Data

   For six (6) years from the last date when you contacted us regarding the same matter. We set this retention period due to the statutes of limitations established under the applicable law.

4. Communication Channels Data

   We do not set retention periods for statistical and analytical data, as it does not allow for the identification of any individual. Any other data is stored as long as they are not deleted by either you or the respective operator of the Communication Channel.

7. Data Sharing

1. General

   We do not sell or rent out your data. However, we may pass your information to a third-party recipient in accordance with this Privacy Notice, applicable legislation, or with your consent, for instance, for the purposes of and if it is reasonably necessary to provide the Platform and related services to you.

2. Recipients

   Given the purposes outlined above, your personal information is shared with the following categories of recipients: (i) our Affiliates, (ii) analytical solution providers, such as Google Analytics, Google Tag Manager, and Mixpanel, (iii) technical and support teams, (iv) hosting service providers; (v) government authorities, upon their request or if necessary to comply with our legal obligations; (vi) another entity if we sell or otherwise transfer the Platform or its parts; and (vii) other third-party solutions, which may be from time to time integrated in relation to the Platform. Please note that data that was put into a blockchain will be accessible to any person.

8. Automated Decision-Making

Automated decision-making is the process of making a decision by automated means without any human influence on the outcomes. We may automatically block users based on the results of wallet compliance screening conducted by Crystal Intelligence or such other solutions as may be determined by us. This is necessary to ensure adherence to international Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations, as well as compliance with global crypto regulatory requirements. For more information, please check our Terms. Please note that the outcome of this screening is final. We do not carry out manual evaluations, and there is no process for appeals or individual case consideration.

9. Your Information and Blockchain

Please kindly note that the Wallet Data will be used within a decentralised blockchain network: essentially, you enter this data to the blockchain using your Wallet each time you make a blockchain transaction or interact with blockchain smart-contracts. We do not control nor operate blockchain networks. This means that due to the structure of the blockchain network, certain rights or abilities may be limited. It also means that your Wallet Data is publicly available to any person who has access to the blockchain. Please be aware that any transaction within the blockchain network is irreversible and information put into the blockchain cannot be deleted or changed. The ultimate decision whether to transact on a blockchain or carry out any transactions rests with you.

10. Third-Party Links

The Platform may include links and social media plugins to third-party websites, services, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and applications, and are not responsible for their privacy statements. When you leave the Platform, you should read the privacy policy (notice or statement) of every website or application you visit.

11. Your Rights

1. Data Subject Rights

   According to the applicable data protection legislation, you may have the following rights:

   1. Right to Access

      You can request to see if we process your personal data. If we do, you can ask for details about the processing and a copy of the data to verify its accuracy and legality.

   2. Right to Correction

      You can request to correct or complete any incomplete or inaccurate data. We may need to verify the accuracy of the new information you provide.

   3. Right to Deletion

      You can request the deletion of your personal data if such data are no longer accurate, or we must erase it to comply with the law. We may not always be able to fulfil your request due to legal or technical reasons, which will be explained in our response.

   4. Right to Stop Processing

      You can request to stop the processing of your data. We may, however, show that we have compelling legitimate grounds for processing that override your rights.

   5. Right to Stop Processing for Direct Marketing

      You can request us to cease, or not to begin, processing your data for the purposes of direct marketing.

   6. Right to Withdraw Consent

      You can withdraw your consent at any time if we are processing your data based on your consent.

   7. Right to Human Review

      You can request a human review of decisions made solely based on automated processing, including profiling, if such decisions significantly impact your rights.

   8. Right to File a Complaint

      You can file a complaint with a supervisory authority if we violate your rights or legal obligations. The competent authority may depend on your location.

2. Blockchain Data Processing

   Please note that when interacting with blockchain networks, you may not be able to fully exercise certain rights under applicable data protection laws regarding your Wallet Data. For example, we may not be able to ensure that your Wallet Data is deleted, corrected, or restricted. For more details, refer to 'Your Information and Blockchain' section of this Privacy Notice.

3. Verification

   In order to exercise your rights as a data subject, we may request certain information or actions from you to verify your identity and confirm that you have the right to exercise such rights.

12. Children Personal Data

The Platform is not intended for the use of children (under 18 years old or older, if the local laws of the country of your residence determines a higher age restriction). We do not knowingly market to, or solicit data from children. We do not knowingly process, collect, or use personal data of children. If we learn that a child has provided us with personal information, it will be promptly deleted. Parents or guardians who believe their child's data has been collected should contact us.

13. Changes to this Privacy Notice

We keep our Privacy Notice under regular review and may update it at any time. If we make any changes to this document, we will change the "Last Updated" date and version number at the top of this Privacy Notice. Please review this Privacy Notice regularly.