CODAMADE Privacy PolicyUPDATED: 22/03/2023
CODAMADE (“CODAMADE”, “us”, “our”, or “we”) is strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your personal information, as well as how you can manage the personal information we collect. This Privacy Notice applies to your interactions with us or your use of our website; our artwork products, NFTs, services, or other features, either online or offline (collectively, our “Services”).
“Personal Information”, is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number, or one or more factors specific to your physical, physiological, mental, economic, genetic, cultural or social identity.
By accessing this website or our mobile application and making use of our services you explicitly agree to the terms of this Privacy Policy. For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the CODAMADE company from which you have purchased products and/or services, or with which you have entered into communications, or which has otherwise collected your Personal Information is the controller of your Personal information.
1. Effective date and updates to our Privacy Policy.
You are not obligated to provide us with your Personal Information, however, the performance of several services (including making purchases and sales on the Site) may not be possible if you choose not to provide your Personal Information.
This Privacy Policy is effective as of the date set forth at the top of this Policy. As our services evolve and we perceive the need or desirability of collecting or using information collected in other ways, we may from time to time amend this Privacy Policy and will provide a new effective date on the revised Privacy Policy. We encourage you to check our Site frequently to see the current Privacy Policy in effect and any changes that may have been made to them.
2. Information CODAMADE collects from you.
a) Information you give us
Communicating with us. In general, you can visit the Site without telling us who you are or revealing any information about yourself. However, if you correspond with us through our Contact Us page, by phone, email or otherwise, we will retain the Personal Information that you provide. This includes Personal Information you provide when participating in discussion boards or social media functions on the Site, and when you report a problem with the Site.
Public Ethereum Wallet Accounts. To take advantage of some of our services, including but not limited to purchasing or selling NFTs, you are required to connect your supported Ethereum wallet to the platform. CODAMADE will collect your Ethereum wallet address which is stored on the publicly searchable Ethereum blockchain and that CODAMADE has no power to delete such data published by you to the Ethereum blockchain.
Making a purchase. CODAMADE is a marketplace offering a forum for sellers to offer items for sale, and for buyers to browse and make purchases. With regard to each of your visits to the Site we automatically collect the following information:
Technical information. This includes browser type and version (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address, device type, time zone setting and Internet domain (e.g. AOL, Hotmail).
Information about your visit. This includes the pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
3. Children’s privacy.
CODAMADE is not designed nor intended to be attractive to use by children under the age of 13. Our Terms of Use require that users must be 18 years old or older in order to register on our Site and use our services. If you are under the age of 18, please do not submit any information to us.
4. CODAMADE uses cookies.
The Site uses cookies and similar technologies to distinguish you from other users. This helps us to analyze the use of the Site to customize and improve the content and the layout of the Site.
When you first access our Site from certain jurisdictions, you may receive a message advising you that cookies and similar technologies are in use.
5. Uses of your Personal Information.
We use your Personal Information according to the terms of the Privacy Policy in effect at the time of our use. We will process your Personal Information where (1) you have provided your consent, which can be withdrawn at any time, (2) where the processing is necessary for the performance of a contract to which you are a party (for example, we will share your Personal Information with sellers with whom you have entered into a transaction), (3) where we are required by law, (4) where processing is required to protect your vital interests or those of another person, or (5) where the processing is necessary for the purposes of our legitimate commercial interests, except where such interest are overridden by your rights and interests. Common examples of processing activities we undertake (and the legal basis for these) are detailed below. Please note, this list is not exhaustive.
a) We may process the Personal Information you provide to us for the following purposes as is necessary for the performance of a contract (e.g. a transaction) to which you are a party, or to answer questions or take steps at your request prior to entering into a contract:
b) We may process the Personal Information you provide to us for the following purposes as is necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time):
c) We may process the Personal Information we collect (which we shall endeavor to anonymize where practicable and consistent with our business needs) for the following purposes as necessary in our legitimate business interests (provided such interests are not overridden by your interests or fundamental rights):
6. Sharing of your Personal Information.
CODAMADE does not sell, share, trade or give away Personal Information other than as described in this Privacy Policy, or unless you provide prior consent.
CODAMADE may share Personal Information between the different CODAMADE entities where necessary to provide our services to you. We reveal your Personal Information to unaffiliated third parties when you request or authorize it, or to help complete a transaction for you that you have requested.
Where you use our Site to enter into a transaction or correspond with another individual or business registered as a seller on our Site, we may provide your Personal Information to that other party in order to facilitate certain transactions or the correspondence you have requested. For relevant transactions, once your offer is submitted, your Personal Information will be delivered by CODAMADE to that seller, and your order will be placed.
Third parties who will have access to your Personal Information include but are not limited to sellers selling items on the Site that you have contacted or made a purchase from, shipping companies, and payment processors completing a transaction at your request.
Sellers from whom you purchase items will have their own privacy practices regarding the information they receive. We encourage you to read such applicable privacy policies. We are not responsible for the processing of your Personal Information by such third parties.
We may share your Personal Information with other companies or agents who have been selected and who perform functions on our behalf (e.g., analyzing data, IT and network services, providing marketing assistance, providing customer service, processing orders, shipping or customs agents, etc.).
We will only transfer your Personal Information to trusted third parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.
Where third parties are processing Personal Information on our behalf, they will be required to agree, by contractual means or otherwise, to process the Personal Information in accordance with applicable law.
These companies may then use your information for their own purposes including marketing to you if you consent to receive notifications relating to their products and services. Where you consent to these companies using your information for their own purposes, their use will be governed by their own privacy policies, which you should review.
We may also disclose your Personal Information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others, such as in connection with suspected illegal activity in connection with our Site, products or services (e.g., sharing Personal Information with a consumer reporting agency for fraud protection, etc.). We reserve the right to release Personal Information to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
This may also include sharing Personal Information with governmental entities, or third parties in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, to defend against possible legal claims that we determine in our sole discretion might be brought against us, to investigate and help prevent security threats, fraud or other malicious activity and to protect the rights or personal safety of CODAMADE employees and third parties (including sellers and buyers).
In the event of a corporate transaction involving CODAMADE, such as the purchase, sale or other transfer of all or part of our services or assets, we may transfer your Personal Information along with those assets or services to a prospective transferee. In the event of an insolvency, bankruptcy or receivership, such Personal Information may also be transferred as a business asset. If another company acquires any of our corporate entities, businesses or assets, that acquiring company may acquire your Personal Information. We do not guarantee that any entity receiving such Personal Information in connection with one of these transactions will comply with all of the terms of this Privacy Policy following such transaction. However, it is our practice to seek reasonable protection for Personal Information in these types of transactions.
7. International transfers.
You are advised to be aware that the Personal Information we receive from you and about you may be held on our computers and systems in the European Union and the computers and systems of our offices and data centers in the United States and may be accessed by or given to our staff working outside the European Union.
Your Personal Information may be processed by us in the United States, where laws regarding data protection may be less stringent than the laws in your country. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada, the UK and the European Union, acknowledge CODAMADE collection and processing of such Personal Information in the United States.
In addition, sellers registered on the Site are located around the world. Due to the nature of our business and to enable us to offer goods and services worldwide, your Personal Information may be transferred to and held by merchants or sellers in any country in the world. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada, the UK and the European Union, acknowledge the transfer of Personal Information to such third parties.
When disclosing Personal Information from the EU and the UK to a third party located in a country not recognized by the European Commission as ensuring an adequate level of protection (e.g., the United States), we will take appropriate steps to safeguard such Personal Information, such as by implementing the European Commission-approved Standard Contractual Clauses.
8. How you can access and amend your Personal Information.
Subject to any legislation which might, from time to time, oblige us to store the Personal Information for a certain period of time, we will respect your wishes to correct inaccurate Personal Information. Otherwise, we will hold your Personal Information for no longer than is necessary in connection with our aims as detailed in this Privacy Policy.
You can ask us whether we are keeping Personal Information about you and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any Personal Information. We will respond as quickly as we reasonably can to your requests for details of Personal Information we hold about you.
9. Security.
As a registered user of the Site, you are responsible for maintaining the confidentiality of your username and password. Please keep your user ID and password confidential.
If you share your computer, we recommend that you log out and close your browser window after visiting the Site in order to protect the confidentiality of your Personal Information including your credit card information, your offer status and buying history.
You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system.
Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to the employees, officers, third-party contractors, and strategic partners of CODAMADE who need the Personal Information in order to perform their responsibilities.
Please note that any Personal Information you provide us by email is unencrypted. Any transmission of Personal Information via the internet is not completely secure and although we will endeavor to protect your information, we cannot guarantee the security of your information transmitted to our Site; any transmission is therefore at your own risk. However, once we have received your information, we will use procedures and security features to try to prevent unauthorized access.
10. Opt-out.
If you do not wish to receive offers or other notices from us in the future, you can “opt-out” by opting out of email or by contacting us at the address indicated at the end of this policy. We will try to complete your request as promptly as possible. You can elect not to receive emails from us either by “unsubscribing” to an email you receive or by contacting us as indicated below. Any changes will affect only future uses of your information.
11. Privacy Rights (Europe).
For individuals within the EEA only. Under the GDPR, in certain circumstances, you may have rights in relation to your Personal Information – specifically to:
(a) Request access to your Personal Information. You may have the right to request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
(b) Request the rectification of any inaccurate Personal Information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.
(c) Request erasure of your Personal Information. You may have the right to request that Personal Information held about you be deleted, provided that such Personal Information is not required by CODAMADE for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim.
(d) Request restriction of, or object to, processing of your Personal Information. You may have the right to prevent or restrict processing of your Personal Information or object to its processing, in certain circumstances.
(e) Request transfer of your Personal Information. You may have the right to request transfer of your Personal Information directly to a third party where this is technically feasible.
You may have additional rights depending on the specific jurisdiction in which you are based. For example, French users have the right to provide us with instructions on how to process their personal data in the event of their death.
You can exercise any of these rights by emailing us at info@codamade.com.
In addition, where you believe that CODAMADE has not complied with its obligation under this Privacy Policy or EU or UK law, you have the right to make a complaint to an appropriate Data Protection Authority, such as the UK Information Commissioner’s Office or France’s Commission Nationale de L’informatique et des Libertés.
13. California Residents Under 18.
If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by: (a) submitting a request in writing to info@codamade.com; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
14. California Privacy Rights.
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. Consumers with disabilities may access this notice with a standard screen reader.
Why We Use and Disclose California Information. We use and disclose the personal information we collect for our commercial and business purposes as further described in this Privacy Policy. These commercial and business purposes include, without limitation:
Our commercial purposes, including marketing, advertising, offering promotions, authentication, identity resolution, fraud prevention, fulfillment services, and facilitating transactions.
Our business purposes as identified in the CCPA, which include:
Recipients of California Personal Information. We may sell the categories of personal information designated above to the categories of third parties listed below:
We disclose the categories of personal information designated above to the categories of third parties listed below for business purposes:
Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
Make a CCPA consumer rights request by contacting us at info@codamade.com.
Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.
Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.
Minors' Right to Opt-In. We do not sell the personal information of minors under 16 years of age.
15. Security Measures and Storage Limits.
We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for personal data and information we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk.
Our retention periods for personal data are based on our business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose.
16. On-Chain Data and Meta Data
You acknowledge that your Ethereum wallet address is stored on the publicly searchable Ethereum blockchain and that CODAMADE has no power to delete such data published by you to the Ethereum blockchain. You hereby release and indemnify CODAMADE of any data privacy liability associated with data you published on the Ethereum blockchain using the Services. You further hereby acknowledge that no entity, including CODAMADE, is capable of modifying or deleting data that is stored on the Ethereum blockchain. The details of transactions through the platform are public information, and stored on the Ethereum blockchain in association with your Ethereum wallet addresses and may be accessible to third-parties.
17. Updates to this Privacy Policy.
We will notify you of material changes to this Privacy Policy by at least thirty (30) days before the effective date of the changes. If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified privacy policy takes effect. If you continue using the Services after the modified privacy policy takes effect, you will be bound by the modified privacy policy.
18. Contact Us.
If you have questions about this Privacy Policy, you may contact us at info@codamade.com.
“Personal Information”, is any information that enables us to identify you, directly or indirectly, such as your email address, name, shipping and billing address, telephone number, company name, credit card information, any form of identification number, or one or more factors specific to your physical, physiological, mental, economic, genetic, cultural or social identity.
By accessing this website or our mobile application and making use of our services you explicitly agree to the terms of this Privacy Policy. For the purposes of the EU General Data Protection Regulation 2016/679 (the “GDPR”), the CODAMADE company from which you have purchased products and/or services, or with which you have entered into communications, or which has otherwise collected your Personal Information is the controller of your Personal information.
1. Effective date and updates to our Privacy Policy.
You are not obligated to provide us with your Personal Information, however, the performance of several services (including making purchases and sales on the Site) may not be possible if you choose not to provide your Personal Information.
This Privacy Policy is effective as of the date set forth at the top of this Policy. As our services evolve and we perceive the need or desirability of collecting or using information collected in other ways, we may from time to time amend this Privacy Policy and will provide a new effective date on the revised Privacy Policy. We encourage you to check our Site frequently to see the current Privacy Policy in effect and any changes that may have been made to them.
2. Information CODAMADE collects from you.
a) Information you give us
Communicating with us. In general, you can visit the Site without telling us who you are or revealing any information about yourself. However, if you correspond with us through our Contact Us page, by phone, email or otherwise, we will retain the Personal Information that you provide. This includes Personal Information you provide when participating in discussion boards or social media functions on the Site, and when you report a problem with the Site.
Public Ethereum Wallet Accounts. To take advantage of some of our services, including but not limited to purchasing or selling NFTs, you are required to connect your supported Ethereum wallet to the platform. CODAMADE will collect your Ethereum wallet address which is stored on the publicly searchable Ethereum blockchain and that CODAMADE has no power to delete such data published by you to the Ethereum blockchain.
Making a purchase. CODAMADE is a marketplace offering a forum for sellers to offer items for sale, and for buyers to browse and make purchases. With regard to each of your visits to the Site we automatically collect the following information:
Technical information. This includes browser type and version (e.g. Internet Explorer, Firefox, Chrome, Safari), operating system (e.g. Windows, Macintosh), IP address, device type, time zone setting and Internet domain (e.g. AOL, Hotmail).
Information about your visit. This includes the pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
3. Children’s privacy.
CODAMADE is not designed nor intended to be attractive to use by children under the age of 13. Our Terms of Use require that users must be 18 years old or older in order to register on our Site and use our services. If you are under the age of 18, please do not submit any information to us.
4. CODAMADE uses cookies.
The Site uses cookies and similar technologies to distinguish you from other users. This helps us to analyze the use of the Site to customize and improve the content and the layout of the Site.
When you first access our Site from certain jurisdictions, you may receive a message advising you that cookies and similar technologies are in use.
5. Uses of your Personal Information.
We use your Personal Information according to the terms of the Privacy Policy in effect at the time of our use. We will process your Personal Information where (1) you have provided your consent, which can be withdrawn at any time, (2) where the processing is necessary for the performance of a contract to which you are a party (for example, we will share your Personal Information with sellers with whom you have entered into a transaction), (3) where we are required by law, (4) where processing is required to protect your vital interests or those of another person, or (5) where the processing is necessary for the purposes of our legitimate commercial interests, except where such interest are overridden by your rights and interests. Common examples of processing activities we undertake (and the legal basis for these) are detailed below. Please note, this list is not exhaustive.
a) We may process the Personal Information you provide to us for the following purposes as is necessary for the performance of a contract (e.g. a transaction) to which you are a party, or to answer questions or take steps at your request prior to entering into a contract:
- to administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
- to provide information on the products or services of our registered sellers with whom you are placed in touch in connection with a prospective purchase;
- to assist in completing a transaction or order;
- to allow tracking of shipments;
- to facilitate the preparation and processing of invoices;
- to respond to your inquiries and to provide you with the information, products and services that you request from us;
- to verify that you qualify as a member of the Site;
- to create and manage our customer accounts;
- to notify you about changes to our services and products;
- to prepare and process invoices;
- to provide after-sales customer relationship management; and
- to contact you as necessary.
b) We may process the Personal Information you provide to us for the following purposes as is necessary for certain legitimate interests, or where you have given your informed consent to such processing if required by applicable law (such consent can be withdrawn at any time):
- to record, monitor, and log calls for transaction management and quality and training purposes;
- to send you communications about (1) our own products and services, (2) products and services offered by sellers or advertisers on our Site and (3) products and services of third parties (those not offered by sellers on our Site) that we think you may find of interest, provided you have given your consent;
- to verify you are eligible for any promotions and/or are a member of any trade rewards program which you participate in;
- to administer any trade reward program, other loyalty program, promotion, contest, survey, or competition;
- to offer our products and services in a personalized way, for example, we may provide suggestions based on previous requests to identify suitable products and services more quickly; and
- to create products or services that may meet your needs.
c) We may process the Personal Information we collect (which we shall endeavor to anonymize where practicable and consistent with our business needs) for the following purposes as necessary in our legitimate business interests (provided such interests are not overridden by your interests or fundamental rights):
- to monitor quality control and ensure compliance with any and all applicable laws, regulations, codes and ordinances, including but not limited to, in response to a request from a court or regulatory body, where such request is made in accordance with the law;
- to resolve any disputes;
- to ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Site, for example, by requesting verification information in order to reset your account password;
- to develop and improve our products and services, for example, by reviewing visits to our Site and its various subpages, demand for specific products and services and user comments;
- to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve the Site and customize the content you see on the Site;
- as part of our efforts to keep the Site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
- to do internal research on our Site visitors’ interests and behaviors to better understand and serve our members.
6. Sharing of your Personal Information.
CODAMADE does not sell, share, trade or give away Personal Information other than as described in this Privacy Policy, or unless you provide prior consent.
CODAMADE may share Personal Information between the different CODAMADE entities where necessary to provide our services to you. We reveal your Personal Information to unaffiliated third parties when you request or authorize it, or to help complete a transaction for you that you have requested.
Where you use our Site to enter into a transaction or correspond with another individual or business registered as a seller on our Site, we may provide your Personal Information to that other party in order to facilitate certain transactions or the correspondence you have requested. For relevant transactions, once your offer is submitted, your Personal Information will be delivered by CODAMADE to that seller, and your order will be placed.
Third parties who will have access to your Personal Information include but are not limited to sellers selling items on the Site that you have contacted or made a purchase from, shipping companies, and payment processors completing a transaction at your request.
Sellers from whom you purchase items will have their own privacy practices regarding the information they receive. We encourage you to read such applicable privacy policies. We are not responsible for the processing of your Personal Information by such third parties.
We may share your Personal Information with other companies or agents who have been selected and who perform functions on our behalf (e.g., analyzing data, IT and network services, providing marketing assistance, providing customer service, processing orders, shipping or customs agents, etc.).
We will only transfer your Personal Information to trusted third parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures.
Where third parties are processing Personal Information on our behalf, they will be required to agree, by contractual means or otherwise, to process the Personal Information in accordance with applicable law.
These companies may then use your information for their own purposes including marketing to you if you consent to receive notifications relating to their products and services. Where you consent to these companies using your information for their own purposes, their use will be governed by their own privacy policies, which you should review.
We may also disclose your Personal Information to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas, to enforce our agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others, such as in connection with suspected illegal activity in connection with our Site, products or services (e.g., sharing Personal Information with a consumer reporting agency for fraud protection, etc.). We reserve the right to release Personal Information to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.
This may also include sharing Personal Information with governmental entities, or third parties in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, to defend against possible legal claims that we determine in our sole discretion might be brought against us, to investigate and help prevent security threats, fraud or other malicious activity and to protect the rights or personal safety of CODAMADE employees and third parties (including sellers and buyers).
In the event of a corporate transaction involving CODAMADE, such as the purchase, sale or other transfer of all or part of our services or assets, we may transfer your Personal Information along with those assets or services to a prospective transferee. In the event of an insolvency, bankruptcy or receivership, such Personal Information may also be transferred as a business asset. If another company acquires any of our corporate entities, businesses or assets, that acquiring company may acquire your Personal Information. We do not guarantee that any entity receiving such Personal Information in connection with one of these transactions will comply with all of the terms of this Privacy Policy following such transaction. However, it is our practice to seek reasonable protection for Personal Information in these types of transactions.
7. International transfers.
You are advised to be aware that the Personal Information we receive from you and about you may be held on our computers and systems in the European Union and the computers and systems of our offices and data centers in the United States and may be accessed by or given to our staff working outside the European Union.
Your Personal Information may be processed by us in the United States, where laws regarding data protection may be less stringent than the laws in your country. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada, the UK and the European Union, acknowledge CODAMADE collection and processing of such Personal Information in the United States.
In addition, sellers registered on the Site are located around the world. Due to the nature of our business and to enable us to offer goods and services worldwide, your Personal Information may be transferred to and held by merchants or sellers in any country in the world. By using this Site and by providing any Personal Information to the Site, all users, including without limitation users in Canada, the UK and the European Union, acknowledge the transfer of Personal Information to such third parties.
When disclosing Personal Information from the EU and the UK to a third party located in a country not recognized by the European Commission as ensuring an adequate level of protection (e.g., the United States), we will take appropriate steps to safeguard such Personal Information, such as by implementing the European Commission-approved Standard Contractual Clauses.
8. How you can access and amend your Personal Information.
Subject to any legislation which might, from time to time, oblige us to store the Personal Information for a certain period of time, we will respect your wishes to correct inaccurate Personal Information. Otherwise, we will hold your Personal Information for no longer than is necessary in connection with our aims as detailed in this Privacy Policy.
You can ask us whether we are keeping Personal Information about you and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any Personal Information. We will respond as quickly as we reasonably can to your requests for details of Personal Information we hold about you.
9. Security.
As a registered user of the Site, you are responsible for maintaining the confidentiality of your username and password. Please keep your user ID and password confidential.
If you share your computer, we recommend that you log out and close your browser window after visiting the Site in order to protect the confidentiality of your Personal Information including your credit card information, your offer status and buying history.
You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
We use reasonable physical, electronic, and administrative safeguards to help us protect the security, integrity and confidentiality of data stored on our system.
Except as specified in this Privacy Policy, we use commercially reasonable efforts to limit access to your Personal Information to the employees, officers, third-party contractors, and strategic partners of CODAMADE who need the Personal Information in order to perform their responsibilities.
Please note that any Personal Information you provide us by email is unencrypted. Any transmission of Personal Information via the internet is not completely secure and although we will endeavor to protect your information, we cannot guarantee the security of your information transmitted to our Site; any transmission is therefore at your own risk. However, once we have received your information, we will use procedures and security features to try to prevent unauthorized access.
10. Opt-out.
If you do not wish to receive offers or other notices from us in the future, you can “opt-out” by opting out of email or by contacting us at the address indicated at the end of this policy. We will try to complete your request as promptly as possible. You can elect not to receive emails from us either by “unsubscribing” to an email you receive or by contacting us as indicated below. Any changes will affect only future uses of your information.
11. Privacy Rights (Europe).
For individuals within the EEA only. Under the GDPR, in certain circumstances, you may have rights in relation to your Personal Information – specifically to:
(a) Request access to your Personal Information. You may have the right to request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
(b) Request the rectification of any inaccurate Personal Information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.
(c) Request erasure of your Personal Information. You may have the right to request that Personal Information held about you be deleted, provided that such Personal Information is not required by CODAMADE for compliance with a legal obligation under European or Member State law or for the establishment, exercise or defense of a legal claim.
(d) Request restriction of, or object to, processing of your Personal Information. You may have the right to prevent or restrict processing of your Personal Information or object to its processing, in certain circumstances.
(e) Request transfer of your Personal Information. You may have the right to request transfer of your Personal Information directly to a third party where this is technically feasible.
You may have additional rights depending on the specific jurisdiction in which you are based. For example, French users have the right to provide us with instructions on how to process their personal data in the event of their death.
You can exercise any of these rights by emailing us at info@codamade.com.
In addition, where you believe that CODAMADE has not complied with its obligation under this Privacy Policy or EU or UK law, you have the right to make a complaint to an appropriate Data Protection Authority, such as the UK Information Commissioner’s Office or France’s Commission Nationale de L’informatique et des Libertés.
13. California Residents Under 18.
If you are a California resident under the age of 18 and are a registered user of the Services, you may request that we remove content or information about you that you posted on the Services by: (a) submitting a request in writing to info@codamade.com; and (b) clearly identifying the content or information you wish to have removed and providing sufficient information to allow us to locate the content or information to be removed. However, please note that we are not required to, and may not be able to, erase or otherwise eliminate content or information if: (i) other state or federal laws require us or a third party to maintain the content or information; (ii) the content or information was posted, stored, or republished by another user; (iii) the content or information is anonymized so that you cannot be individually identified; (iv) you do not follow the instructions posted in this Privacy Policy on how to request removal of your content or information; or (v) you have received compensation or other consideration for providing the content. Further, nothing in this provision shall be construed to limit the authority of a law enforcement agency to obtain the applicable content or information.
14. California Privacy Rights.
This section contains disclosures required by the California Consumer Privacy Act (“CCPA”) and applies only to “personal information” that is subject to the CCPA. Consumers with disabilities may access this notice with a standard screen reader.
Why We Use and Disclose California Information. We use and disclose the personal information we collect for our commercial and business purposes as further described in this Privacy Policy. These commercial and business purposes include, without limitation:
Our commercial purposes, including marketing, advertising, offering promotions, authentication, identity resolution, fraud prevention, fulfillment services, and facilitating transactions.
Our business purposes as identified in the CCPA, which include:
- Auditing related to our interactions with you;
- Legal compliance;
- Detecting and protecting against security incidents, fraud, and illegal activity;
- Debugging;
- Performing services (for us or our service provider) such as account servicing, processing orders and payments, and analytics;
- Internal research for technological improvement;
- Internal operations;
- Activities to maintain and improve our services; and
- Other one-time uses.
Recipients of California Personal Information. We may sell the categories of personal information designated above to the categories of third parties listed below:
- Advertising/Marketing companies;
- Partner programs;
- Service providers; and
- Social networks.
We disclose the categories of personal information designated above to the categories of third parties listed below for business purposes:
- Service providers;
- Affiliates not under the CODAMADE brand;
- Internet service providers;
- Data analytics providers;
- Operating systems and platforms; and
- Social networks.
Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
- For certain categories of personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties;
- The right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
- The right to request that we delete the personal information we have collected from you or maintain about you.
- The right to opt-out of our sale(s) of your personal information. Please note that if you opt-out of certain types of sales, we will be unable to provide you with the services that rely on such sales.
- The right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA. We may offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information.
Make a CCPA consumer rights request by contacting us at info@codamade.com.
Verification Process and Required Information. Note that we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.
Authorized Agent. You may designate an authorized agent to make a CCPA request on your behalf. We will require proof of your consent to designating such an agent and verification of your identity as described above.
Minors' Right to Opt-In. We do not sell the personal information of minors under 16 years of age.
15. Security Measures and Storage Limits.
We provide industry-standard physical, electronic, and procedural safeguards to protect personal data we process and maintain. For example, we take reasonable measures to limit access to this data to authorized employees and contractors who need to know that information in order to operate, develop or improve our Services. Please be aware that, although we endeavor to provide reasonable security for personal data and information we process and maintain, no security system can prevent all potential security breaches. As a result, we cannot guarantee or warrant the security of any information you transmit on or through the Services and you do so at your own risk.
Our retention periods for personal data are based on our business needs and legal requirements. We retain personal data for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose.
16. On-Chain Data and Meta Data
You acknowledge that your Ethereum wallet address is stored on the publicly searchable Ethereum blockchain and that CODAMADE has no power to delete such data published by you to the Ethereum blockchain. You hereby release and indemnify CODAMADE of any data privacy liability associated with data you published on the Ethereum blockchain using the Services. You further hereby acknowledge that no entity, including CODAMADE, is capable of modifying or deleting data that is stored on the Ethereum blockchain. The details of transactions through the platform are public information, and stored on the Ethereum blockchain in association with your Ethereum wallet addresses and may be accessible to third-parties.
17. Updates to this Privacy Policy.
We will notify you of material changes to this Privacy Policy by at least thirty (30) days before the effective date of the changes. If you do not agree to such changes following such notice, you should discontinue your use of the Services prior to the time the modified privacy policy takes effect. If you continue using the Services after the modified privacy policy takes effect, you will be bound by the modified privacy policy.
18. Contact Us.
If you have questions about this Privacy Policy, you may contact us at info@codamade.com.
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