logan-easterling-fyBH8rjW_Fw-unsplash-desktop.jpg

PRIVACY POLICY

  • twitter
  • instagram
  • linkedin

INTRODUCTION

TOKND, LLC (“TOKND,” “us,” “our,” or “we”) recognizes that your personal privacy is important to you. This Privacy Policy (“Privacy Policy”) describes how we collect, process, and share your Personal Data (defined below) when you use our online storefront located at TOKND.store, and any other websites that link to or post this Privacy Policy, including any subdomains or mobile versions (collectively, our “Storefront”) and in connection with your purchases, inquiries, or other transactions related to our Storefront. We operate the Storefront so that consumers may purchase digital blockchain collectibles in the form of non-fungible tokens (“NFTs”). We also describe your rights and choices with respect to your Personal Data and other important information. Please read this Privacy Policy carefully.

HOW TO CONTACT US


If you have any comments or questions about this Privacy Policy or privacy practices, please contact our team at: sales@TOKND.store.

CATEGORIES AND SOURCES OF PERSONAL DATA


The following describes how we process data relating to identified or identifiable individuals and households (“Personal Data”), including the categories of Personal Data, its sources, and the purposes for which we process that data.

THE CATEGORIES OF PERSONAL DATA WE PROCESS


The categories of Personal Data we may collect and use include:

Identity Data


Information such as your name; physical address, including country; email address; telephone number; and account login details, including your storefront user name and password.

Contact Data


Identity Data that relates to information about how we can communicate with you, such as email, phone numbers, physical addresses, social media handles, and information you provide to us when you contact us by email or when you communicate with us via social media.

Location Data


Information about your location, including data you provide when you register or communicate with us, or location data we may infer from your IP address

Device/Network Data


Browsing history, search history, and information regarding your interaction with a web site, application, or advertisement (e.g. IP Address, MAC Address, SSIDs or other device identifiers or persistent identifiers), online user ID, device characteristics (such as browser/OS version), web server logs, application logs, browsing data, first party cookies, third party cookies, web beacons, clear gifs, embedded pixels, and pixel tags.

Commercial Data


Information about services and products we provide to you and about transactions you make with us or other companies operating through us or on our behalf, information about purchases, and similar information.

Inference Data


Personal Data used to create a profile about you reflecting your preferences, characteristics, market segments, likes, favorites and other data or analytics provided about you or your account by social media companies or data aggregators.

Financial Data


Information such as payment card information, bank account or other financial account details, including similar data defined in Cal Civ Code § 1798.80(e). This data is provided only to Simplex, and TOKND does not receive or otherwise process your Financial Data.

Sources of Personal Data


We collect Personal Data from various sources, including:

Data you provide us


We receive Personal Data you provide to us, such as when you create an account with us, register for our email updates, make a purchase on our Storefront, or contact us for customer service.

Data we collect automatically


We collect Personal Data about or generated by any device you have used to access our Storefront.

Data we receive from service providers


We receive Personal Data you provide to us, such as when you create an account with us, register for our email updates, make a purchase on our Storefront, or contact us for customer service.

Data we receive from aggregators and advertisers


We receive Personal Data from ad networks, behavioral advertising vendors, market research, and social media companies or similar companies that provide us with additional Personal Data such as Inference Data.

Data we create and infer


We, certain partners, and third parties operating on our behalf create and infer Personal Data such as Inference Data or Aggregate Data based on our observations or analysis of other Personal Data processed under this Policy, and we may correlate this data with other data we process about you. We may combine any Personal Data about you that we receive from you and from third parties.

HOW WE PROCESS PERSONAL DATA


 

When you register for an account


When you register for an account with us, we generally process Identity Data and Contact Data, as well as Commercial Data if you make a purchase under your registered account. We process this Personal Data to provide you with a secure purchase experience on the Storefront and also provide a personalized experience when you log in to our Storefront. We may also use Identity Data, Commercial Data, Contact Data, and Device/Network Data collected in this context for our Commercial Purposes.

When you make a purchase


If you make a purchase on our Storefront, we (or our partners) generally process Identity Data, Financial Data, Commercial Data and Contact Data. We may also collect or create Device/Network Data and Inference Data. We process this Personal Data as necessary to fulfill your order, and also for our legitimate business interests, such as ensuring the security of our Services, preventing fraud, providing information about our products and services, contacting you about administrative matters, and responding to queries, complaints, or correspondence you send us. We may also use this Identity Data, Commercial Data, Contact Data, and Device/Network Data collected in this context for our Commercial Purposes.

When you access or use our Services


When you use our Storefront, we automatically collect and process Device/Network Data. We use this data as necessary to initiate or fulfill your requests for certain features or functions through our Storefront, such as keeping you logged in, delivering pages, etc. In addition to Device/Network Data, we may also collect and process Contact Data, Identity Data and Inference Data that we collect, create, and/or receive (including through the use of cookies and similar technologies). We typically use this data as necessary in connection with certain legitimate business interests, such as ensuring the security of our Storefront and other technology systems, and analyzing the use of our Storefront, to help us make improvements.

The Storefront may process Location Data if you provide it to us voluntarily, or if we infer it from your IP address. We use this data, together with Inference Data, and Device/Network Data in order to provide contextual information to you. We may also use this information in connection with our legitimate business interests, such as, creating aggregate information about users’ location and patterns, which we use to help improve our Storefront. We may also use Identity Data, Device/Network Data, Location Data, Inference Data and Contact Data collected in this context for Commercial Purposes.

Cookies and other tracking technologies


We use cookies, web pixels, web beacons, and similar technologies on our Storefront. These technologies can be used to collect or create Identity Data, Device/Network Data, Contact Data, or Inference Data. Third parties may be allowed to view, edit, or set their own cookies, web pixels or place web beacons on our Storefront. Cookies and web beacons allow us and third parties to distinguish you from other users of our websites, and some of these technologies can be used by us and/or our third-party partners to identify you across platforms, devices, sites, and services. Third parties may engage in targeted advertising using this data. We and authorized third parties may use cookies and similar technologies for the following purposes: for “essential” or “functional” purposes, such as to enable certain features of our Storefront (for example, an essential purpose may include allowing you to maintain a basket when you are preparing to place an order through our Storefront and a functional purpose may include allowing our Storefront to provide a you a list of items recently viewed); for “performance” and “analytics” purposes, such as to analyze the traffic to and usage of our Storefront for example, identifying unique visitors, how many people have looked at a page, how visitors move around the Storefront, what website they visited prior to visiting ours, and use this information to understand user behaviours and improve the design and functionality of the Storefront; for “retargeting” or similar advertising or commercial purposes; to allow us to carry out retargeting (this includes, for example, when advertisements are presented to you for products or services which you have previously looked at on a website but have not purchased); and to allow us to know when you visit our site or make a purchase after clicking on one of our ads on social media or another website.          
The use of these technologies by third parties may be subject to their own privacy policies and is not covered by this Privacy Policy, except as required by law. We may also use your Identity Data, Device/Network Data, Inference Data and Contact Data collected in this context for Business Purposes and Commercial Purposes.

When you contact us or submit information to us          
We collect and process Identity Data, Contact Data, and any Audio/Visual data or User Content you provide as necessary to address your request, fulfil the business purpose for which that information was provided, or for other related purposes. Additionally, where you consent, if relevant to your request (such as an inquiry regarding a purchase, etc.) or if otherwise permitted by law, we may send you marketing communications as described further below, and use this information for Commercial Purposes.

Feedback, Surveys, and Promotions          
We may process Identity Data, Contact Data, Inference Data, and User Content collected in connection with surveys, if you register for a special promotion on our Storefront, or if you provide feedback to us. We generally process this Personal Data to facilitate a contest or other promotion, respond to requests/concerns, and create aggregate analytics regarding Customer satisfaction. We may also use this data for Business Purposes and Commercial Purposes.

How we Process Personal Data for Business Purposes

Service Provision and Contractual Obligations


We process any Personal Data as is necessary to provide our Storefront, to provide you with the products and services you purchase or request, to authenticate users and their rights to access the Storefront, or various data, features, or functionality, and as otherwise necessary to fulfill our contractual obligations to you, and provide you with the information, features, and services you request.

Internal Processing and Improvement


We may use any Personal Data in connection with improving our Storefront, our NFT offerings, our email communications, for customer service purposes, to understand what parts of our Storefront or offerings are most relevant, how you interact with our Storefront, and how our Storefront and related services perform.

Security and Incident Detection


We may process any Personal Data we collect in connection with detecting security incidents, or to protect against, and respond to malicious, deceptive, fraudulent, or illegal activity.

Legal Compliance


We may process any Personal Data as necessary to comply with our legal obligations, such as where you exercise your rights under data protection law and make requests, for the establishment and defense of legal claims, or where we must comply with our legal obligations, lawful requests from government or law enforcement officials.

Aggregated data


We process Personal Data about our customers and users in order to identify trends to create aggregated and anonymized data about our customers/users, buying and spending habits, use of our Storefront, and other similar information (“Aggregated Data”). We may pass Aggregated Data to certain third parties to give them a better understanding of our business and to improve our Storefront. Aggregated Data will not contain information from which you may be personally identified.

Personalization


We process certain Personal Data and Location Data in connection with our legitimate business interest in personalizing our Storefront and online communications. This processing may involve the creation and use of Inference Data relating to your preferences.

Other Business Purposes 


If we process Personal Data in connection with our Service in a way not described in this Privacy Policy, we will process such information in accordance with the notice provided at the time of collection or in a manner that is necessary and proportionate to achieve the purpose for which the Personal Data was collected, or for another purpose that is compatible with the context in which the Personal Data was collected.

How we Process Personal Data for Commercial Purposes

Personalization & Consumer Profiles


In order to understand our customers’ preferences, and better recommend products and services to our prior customers, we may create a “Consumer Profile” by linking together and analyzing Personal Data collected in the following contexts:          
When you make a purchase          
When you register for a customer account          
When you access our Storefront          
When you subscribe to receive communications from us          
Cookies and other tracking technologies          
When you contact us or submit information to us

We may also augment Consumer Profiles with Personal Data that we create (such as Inference Data) or that we receive from third parties. We use Consumer Profiles for our legitimate interests in market research and statistical analysis in connection with the improvement of our Services. We may also use this information for other Commercial Purposes.

Marketing Communications


Consistent with our legitimate business interests, we or our third-party partners may send you marketing and promotional communications if you sign up for such communications, or where allowed, if you register an account with us, make a purchase from us, or in connection with your communications with or submission of User Content to us. These communications may be personalized or customized based on your Consumer Profile. We may also collect Device/Network Data and Contact Data so that we can determine whether you have opened an email or interacted with our communications, and we may generate Inference Data based on these interactions. We may also process this Personal Data for targeted advertising. However, where consent to processing is required by law, we will link and process this information only with appropriate consent.

Targeted Advertising


We may engage in targeted advertising. This form of advertising includes various parties and services providers engaged in the processing of Personal Data in connection with advertising. These parties may be able to identify you across sites, devices, and over time. The parties that control the processing of Personal Data for behavioural advertising may create or leverage information derived from personalization and profiling. In some cases, these parties may also develop and assess aspects of a profile about you to determine whether you are a type of person a company wants to advertise to and determine whether and how ads you see are effective.

Data Across Sites


Please note that certain third parties may be able to identify you across sites and services using the information they process, however, any such processing not done at our direction and is outside the scope of this Privacy Policy.

HOW WE SHARE PERSONAL DATA

Affiliates


We may share Personal Data internally with our current and future affiliated entities.

Service Providers


In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests and business purposes, we may share your Personal Data with Simplex and other service providers who provide services related to our Storefront or process data on our behalf. For example, we use third parties to operate our Storefront and email server, provide cloud storage, send certain emails, process payments, and facilitate blockchain transactions. These companies only have access to personal information needed to perform their functions, but may not use it for other purposes.

Data Aggregators


In connection with our marketing operations, and subject to your rights and choices, we may share certain Personal Data with data aggregators for Commercial Purposes.

Affiliates; Corporate Events


We may share certain Personal Data with current or future affiliated entities and trusted third parties for business purposes, as well as for marketing, advertising, or other commercial purposes. In addition, your Personal Data may be shared in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets

Legal Disclosures


In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or a customer agreement, or in the vital interests of us or any person. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

Inference Data


Personal Data used to create a profile about you reflecting your preferences, characteristics, market segments, likes, favorites and other data or analytics provided about you or your account by social media companies or data aggregators.

INTERNATIONAL TRANSFERS OF PERSONAL DATA


If you are located outside the US, your Personal Data may be transferred to and/or processed by TOKND or third parties in the US or another location, in connection with our Services. Some countries outside the European Economic Area (“EEA”) do not have laws that protect your privacy rights as extensively as those in the EEA. However, if we do transfer your Personal Data to other territories, we will put in place appropriate safeguards to ensure that your Personal Data are properly protected and processed only in accordance with this Privacy Policy. We may transfer Personal Data from the EEA to the US using the EU standard contractual clauses or other lawful mechanisms.

HOW WE RETAIN YOUR PERSONAL DATA


We retain Personal Data for so long as it, in our discretion, remains relevant to its purpose, for our legitimate business purposes, including facilitating transactions, resolving disputes, and enforcing our agreements, and in any event, for so long as is required by law, including without limitation for tax or regulatory reasons.

YOUR RIGHTS AND CHOICES

Data Rights


Based on your country or state of residence, to the extent applicable law grants you the right to do so, you may have certain rights related to your Personal Data. Please see the sections below for rights available to residents of California or the EEA.

Marketing Communications


You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email. You can also withdraw your consent to receive marketing communications or any other consent you have previously provided to us by contacting us. To opt-out of the collection of information relating to email opens, configure your email so that it does not load images in our emails. Note that some non-marketing communications are not subject to general opt-out, such as communications related to your user account for this Storefront, transactions with TOKND and product and service updates.

Withdrawing Your Consent/Opt-Out


Where we are processing your Personal Data based on your consent, you may change your mind and withdraw your consent at any time. The consequence of you withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalization or providing certain types of advertising, or other services conditioned on your consent or choice not to opt-out.

Do-Not-Track


At this time, our Storefront will respond to your browser’s do-not-track request.

Cookie Management


If you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. Please note that some features of our Storefront may not be available if you choose to disable certain cookies. You must opt out of third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use the Google Privacy Policy, or Google Analytics Opt-out.

Advertising


You may opt out or withdraw your consent to behavioural advertising. In some cases, we may be able to process third party opt-out requests directly, however in some cases, you must opt out of third-party services directly via the third party. For example, to opt out of Google’s use of cookies, visit Google’s Ads Settings, here.If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/optout_nonppii.asp. You can limit or opt out of our processing for behavioural advertising by contacting us.

HOW WE PROTECT YOUR PERSONAL DATA


The security of your Personal Data is very important to TOKND. We have in place physical, administrative, and technical safeguards designed to protect your personal information from unauthorized access. THIRD PARTY WEBSITES AND MOBILE APPLICATIONS We are not responsible for the data privacy practices, content or security of Simplex or our other service providers, any linked third-party websites, or mobile applications. We recommend that you check the privacy and security policies of each website and mobile application that you visit.

MINORS


Our Services and online communications are neither directed at nor intended for use or receipt by children under the age of 18, or older depending on the local jurisdiction. We do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Services if you are not of the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

CHANGES TO OUR PRIVACY POLICY


We reserve the right to change our Privacy Policy from time to time. Any such changes will be posted on this page so that we can keep you informed about how we process your Personal Data. We recommend that you consult this page frequently so that you are aware of our latest Privacy Policy and can update your preferences if necessary. Your continued use of our Services shall constitute your acceptance of any revised Privacy Policy.

ADDITIONAL RIGHTS AND DISCLOSURES: EU/EEA

Your EU/Other Privacy Rights


Under the GDPR and analogous legislation, you may have the following rights, subject to your submission of an appropriately verified request:

Access:


You may have a right to know what Personal Data we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law. You may be able to access some of the Personal Data we hold about you directly through the account settings menu.

Rectification:


You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided to us using the account settings menu.

Delete:


To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your Personal Data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you. Contact us as part of your request to determine how your Personal Data will be erased in connection with your request.

Data Export:


To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.

Objection:


You may have the right under applicable law to object to our processing of your Personal Data that we undertake without your consent in connection with our legitimate business interests (including any processing specified as such, or processed under this Privacy Policy for a Business Purpose). You may do so by contacting us. Note that we may not be required to cease, or limit processing based solely on that objection, and we may continue processing cases where our interests in processing are balanced against individuals’ privacy interests. You may also object to processing for direct marketing purposes. We will cease this processing upon your objection.

Regulator Contact:


You may have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.

ADDITIONAL RIGHTS AND DISCLOSURES: CALIFORNIA

Your California Privacy Rights


Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights in addition to those set forth in the Rights & Choices section above, subject to your submission of an appropriately verified request where required by applicable law (see below for verification requirements):

Right to Know


You may request any of following, for the 12 month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

Right to Delete


You have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law

Right to Non-Discrimination


You have the right to not to receive discriminatory treatment as a result of your exercise of rights conferred by the CCPA.

Direct Marketing


You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.

Opt-Out of Sale


We do not engage in the “sale” (as defined by the CCPA) of Personal Data.          
Submission and Verification of Requests

You may submit any of the above requests by emailing sales@TOKND.store. All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) as well as an address, phone number, or other data we have on file, in order to verify your identity. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.

Data Processing

Categories of Personal Data Disclosed for Business Purposes          
For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data, Contact Data, Location Data, Device/Network Data, Commercial Data, Inference Data, Financial Data, Audio/Visual Data, Health Data, and User Content.

Categories of Personal Data sold


For purposes of the CCPA, we do not sell your personal data.