Introduction

Defy Trends LLC (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. 

This privacy policy describes the types of information we may collect from you or that you may provide when you visit our platform at beta.defytrends.io (the “Platform”), when you create an account with us to use the Platform, and our practices for collecting, using, maintaining, protecting, and disclosing that information. IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR THE UNITED KINGDOM, PLEASE REFER TO THE EUROPEAN ADDENDUM.

This privacy policy is part of the Terms of Service applicable to the use of our Platform. Please review this privacy policy together with the Terms of Service and Cookie Policy, to understand all of your rights and obligations, and how we operate our Platform.

This privacy policy applies to information we collect:

• On the Platform;
• In email, text, and other electronic messages between you and the Platform;
• Through mobile and desktop applications, if any, that you download from the Platform;
• When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this privacy policy; and
• Through any other means associated with or relating to the Platform;

This privacy policy does not apply to information collected by:

• us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Platform. By accessing or using this Platform, you agree to the terms of this privacy policy.

This privacy policy may change from time to time. Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates.

Children Under the Age of Thirteen (13)

Our Platform is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Platform.

We do not knowingly collect personal information from children under the age of 13 (16 in California). If you are under 13 (16 in California), do not use or provide any information on this Platform or on or through any of its features or register on the Platform (if such feature is available), make any purchases through the Platform (if such feature is available), use any of the interactive or public comment features of this Platform (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 (16 in California) years of age without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under the age of 13 (16 in California), please contact us at [email protected].

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Platform (some of which is considered “personal information” pursuant to applicable law), including:

• Identifiers, such as name, e-mail address, or any other information that the Platform collects, which applicable law may consider personally identifiable, personal information, personal data, and other such designations
• Information about the device you use to access the Platform;
• Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, International Mobile Equipment Identity (“IMEI”), or another unique identifier
• Your device characteristics and functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
• Referring and exit web pages and URLs
• Your browsing history, including the areas within our Platform that you visit and your activities there, including remembering you and your preferences;
• Your device location or other geolocation information;
• Certain other device data, including the time of day you visit our Platform; and
• Information about your internet connection and internet provider.

We collect this information:

• Directly from you when you provide it to us, such as when filling in forms on the Platform (including when you register for an account, subscribing to a service, or requesting something from us, or when you fill out surveys).
• Automatically as you navigate through the Platform, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device)
• Records and copies of your correspondence (including email addresses), if you contact us through the Platform;
• When you engage in transactions on our Platform;
• When you run searches on our Platform; and
• When you contact our customer service agents, if available.

Automatic Data Collection Technologies

As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:

• Details of your visits to our Platform, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Platform; and
• Information about your device and about your internet connection and service provider, as set forth above.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to:

• Allow you to use and access the Platform, including preventing fraudulent activity and improving security functionality;
• Assess the performance of the Platform, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Platform;
• Offer you enhanced functionality when accessing the Platform, including identifying you when you sign into our Platform, and keeping track of your specified preferences
• Deliver content relevant to your interests on our Platform based on how you interact with our advertisements and/or content;
• Estimate our audience size and usage patterns;
• Speed up your searches; and
• Analyze our services and products and perform market research.

When you visit or leave our Platform by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we may automatically receive the URL of the site from which you came or the one to which you are directed.

We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use to provide customized services, content, and other information that may be of interest to you and for fraud prevention services. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;
• Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;
• Web Beacons, Pixels and Tags. Pages of our Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Platform, such as information about the links you click on;
• ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;
• Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;
• Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and
• Log Files. These track actions occurring on our Platform, and which help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting our Platform, and the date and time of your visits.

Google Analytics

We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Platform, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Platform, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Platform, how long you stay on a particular page, and your geographic location. Please be aware that Google uses the data it collects from our Platform for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy policy to understand how Google uses the information it collects:https://policies.google.com/privacy?hl=en-US

You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/

Behavioral Advertising

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

You can opt out of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:

• Google: https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser’s DNT option in your browser’s preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly.

Given the lack of a standard in the industry or any clear regulatory guidance on this issue, we do not comply with DNT signals from your browser at this time.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information: 

• To present our Platform and its contents to you;
• To provide you with information, products, or services that you request from us;
• To fulfill any other purpose for which you provide it;
• To provide you with notices about your account and/or the Platform;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed;
• To notify you about changes to our Platform or any products or services we offer or provide though it;
• To allow you to participate in interactive features on our Platform, if any
• To develop and create our products and services;
• For behavioral tracking, profiling and advertising
• For any other purpose as needed for our business;
• In any other way we may describe when you provide the information;
• For any other purpose with your consent;
• To contact you about our own that we think may be of interest to you; and

Updating Personal Information

We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at [email protected]. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

Disclosure of Your Information 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this privacy policy: 

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Platform users is among the assets transferred;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; and
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including responding to any government or regulatory request;
• To enforce or apply the Terms of Service, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to lo to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of our Platform. Any transmission of personalg into any other site you use.

Unfortunately, the transmission of information via the internet is not completely secure. Although we try information is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Site who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.&nbspYou may request this information from us no more than once a year, but such request will be handled by us free of charge to you.&nbspTo make such a request, please send an email to [email protected].

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account, if applicable. We may also post a notice on the Platform home page. The date this privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting our Platform and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

E-mail: [email protected].

Privacy of customers in the European Union

THE EUROPEAN GENERAL DATA PROTECTION REGULATION

INTRODUCTION

If you are located in the European Economic Area, the United Kingdom or Switzerland when you access our Platform, the terms of this Addendum apply to you.

This Platform is not intended for children and we do not knowingly collect data relating to children.

CONTROLLER

Defy Trends, Inc. is the controller and responsible for your personal data (collectively referred to as “COMPANY”, “we”, “us” or “our” in this privacy notice).

HOW TO COMPLAIN

We hope that we can resolve any query or concern you raise about our use of your information.

The GDPR also gives you the right to lodge a complaint with a supervisory authority, in particular in the European state where you work, normally live or where any alleged infringement of data protection laws occurred.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on the date set forth on the main page of this Policy.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This Platform may include links to third-party websites, plug-ins 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 are not responsible for their privacy statements. When you leave our Platform, we encourage you to read the privacy notice of every website you visit.

THE DATA WE COLLECT ABOUT YOU 

Personal data means any information about an individual from which that person can be identified. It does not include data where the individual’s identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you, as follows:

• Identity Data, which may include name, username and password, Google ID, profile picture and Metamask address.
• Contact Data, which may include email address.
• Financial Data includes digital wallet ID and Metamask ID.
• Transaction Data, which may include details about payments to and from you and other details of products you have purchased on the Platform.
• Technical Data, which may include your internet protocol (IP) address, your login data, and information about your device and your browser and internet service provider.
• Usage Data, which may include information about how you use our Platform, website, and our token and what activities you engage in on the Platform.
• Marketing and Communications Data, which may include your preferences in receiving marketing from us and our third parties and your communication preferences.

We may also may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact, Transaction, Profile and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• create an account on our Platform;
• subscribe to a newsletter;
• sign up for our beta;
• request marketing to be sent to you; or
• give us some feedback or connect with us about any other matter through the contact us form.
• Automated technologies or interactions. As you interact with our Platform, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. Please see our Cookie Policy for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties including analytics and cookies providers.

HOW WE USE YOUR PERSONAL DATA

Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

• Promotional Offers from Us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from and, in each case, you have not opted out of receiving that marketing.

• Third Party Marketing

We will get your express opt-in consent before we share your personal data with any company for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any time by following the link to unsubscribe in the emails you receive from us.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase or other transactions.

DATA SECURITY

We have put in place security measures intended to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We will notify you and any applicable regulator of a breach where we are legally required to do so.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.