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Vivid Labs

Vivid Labs Network Privacy Notice

This Privacy Notice was last updated on: January 24, 2023

Vivid Labs Holdings, Inc. (“Vivid Labs”, “Company”, “us,” “our,” or “we”) provides (i) our proprietary platform and related software (the “Network”) offered by and our related services (the “Services”) and related applications (“Apps”) for the creation, management and sale of multimedia non-fungible tokens (“NFTs”) and (ii) our website at https://www.vividlabs.com/ (the “Website”). The Network, Apps, Website and related Services are collectively referred to in this Privacy Notice as the “Vivid Platform.”

This Privacy Notice is intended to help you better understand how we process your personal information in connection with our operation of the Vivid Platform. It governs how we collect, use, store and disclose the personal information we obtain through the Vivid Platform.

By clicking I agree, by visiting the Website, downloading one of our Apps, registering for an account on the Vivid Platform, including through one of our Apps (each an “Account”) or otherwise using any aspect of our Services, you agree to the practices described in this Privacy Notice. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, PLEASE DO NOT USE THE WEBSITE, THE APPS, OR ANY OTHER ASPECT OF THE VIVID PLATFORM. We reserve the right to modify this Privacy Notice at any time. If we make changes to this Privacy Notice, we will provide notice of such changes as appropriate, such as by sending you an email to the address you have provided to us, or providing notice through the Vivid Platform, and/or updating the last updated date at the top of this Privacy Notice with a change notice on the Vivid Platform.

Please take a moment to familiarize yourself with our privacy practices, and let us know if you have any question by contacting us at privacy@vividlabs.com.

1. What Personal Data we collect

Personal Data You Choose to Provide Us
We collect the Personal Data you choose to provide us with when using or registering for the Vivid Platform or using Services:

When you use our Website, you will have the opportunity to provide us with the Personal Data in certain circumstances such as: name, phone number, and information, and e-mail, so we can update you on our latest products, job openings.

When you register for a Vivid Platform Account with us, you will be an “Account Owner” and you will be required to provide us with the following Personal Data: email name and encrypted password. If you register through our Vivid Shopify App, you are also required to provide to Shopify your last name, country, region, address, city, zip code and optionally your first name and shipping address, and we get access to that information through our Shopify dashboard.

The information provided to Vivid Labs only includes partial payment or credit card information, and limited transaction information via our payment processors’ portals. Please review the following Privacy Policies of our current payment providers to learn more about how they collect, process and protect your personal information:
Stripe:  https://stripe.com/privacy

When you are registered as a Project Owner, Each Account Owner has the ability to designate one or more persons as “Project Owners” in their Account. In such cases, the Account Owner requests and Vivid Labs generates an API key that each Project Owner can use to conduct activities under the Account for that Account Owner. Vivid Labs does not collect additional Personal Information from a Project Owner. Note, however, that the Account Owner may collect additional information from a Project Owner and store it in Account Owner’s Account database. Vivid Labs does not have control over the collection of this information and does not have access to it. If you are a Project Owner, you should look to your Account Owner for a description of the Privacy Notice that applies to the collection of your Personal Information by the Account Owner.

If you Purchase an NFT Token from an Account Owner, the Account Owner will provide Vivid Labs with your email for Vivid Labs to use in the Vivid Platform back-end to create a custodial wallet to hold your purchased NFT.

When you communicate with us, we will collect any Personal Data you provide us in your communication which may include the nature of your concern, your email, phone number and address.

When you participate in our Community Forums, you will be using the third party platform Discord. We will have access to the communications in the relevant forum but these forums are operated by the third party service, Discord, operated by Discord, Inc. located at https://discord.com/.

Blockchain Data: We may analyze public blockchain data to ensure parties utilizing our Services are not engaged in illegal or prohibited activity, and to analyze transaction trends for research and development purposes. Additionally, the minting of a Token by an Account Owner for a purchaser of a NFT Token will result of certain information being available on the blockchain by virtue of the public nature of the blockchain.

We will collect only as much Personal Data as we need for specific, identified purposes, and we won’t use it for other purposes without obtaining your consent.

Personal Data We Automatically Collect

We also automatically collect certain Personal Data:

Vivid Platform Website: When you visit our Website we may automatically collect Personal Data, such as: your browser or operating system, IP address and certain device identifiers that may be unique to your mobile or desktop device; referring website; click stream data, viewed content; platform type; the time that your device visited our website; the state or country from which you accessed the Website; information collected in or through our cookies or similar technologies, and other similar information.

Vivid Platform Account: When you register for an Account with the Vivid Platform we may receive Personal Data relating to your use of the Vivid Platform such as: your browser or operating system, your IP address and certain device identifiers that may be unique to your device; computer or mobile device operating system; mobile device identification; platform type; data related to your use of the Vivid Platform.

Personal Data from Other Sources: Vivid Labs may receive information about you from third parties such as social network services and other parties that we may use to supplement the information that we collect directly from you. If you connect to a third-party network service or platform through our Services, you are authorizing us to use in accordance with this Privacy Notice any and all information that you agreed the third party could provide to Vivid Labs.

Anonymized and Aggregated Personal Data

We may collect data that is already in anonymized form or we may manually anonymize Personal Data collected by the Services so that the data does not identify you. We may also combine Personal Data with other data so that it doesn’t identify you specifically (“Aggregate Data”). We use and disclose such anonymized information and Personal Data to others for any purpose.

2. How we use cookies, analytics and similar technologies

Cookies and similar technologies: When you use the Website or our Services, we and the companies we work with, we or our authorized third parties collect certain information by automated means using cookies, web beacons, tags, scripts, server logs, and/or similar technologies. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered Personal Data by applicable law, we also treat these identifiers as Personal Data. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Notice.

Online advertising and analytics: We do not service third party advertisements to you while using the Website or the Vivid Platform. However, We may use third party advertising partners (e.g., Facebook, Inc. and Google, Inc.) who use targeting/advertising cookies and similar technologies to deliver advertisements that are more relevant to you and your interests. If consent for the use of targeting and advertising cookies is required by applicable laws or regulations in your location, then such cookies are only used by Vivid Labs in this way if we have obtained such consent. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Targeting or advertising cookies will often be linked to site functionality provided by the other organizations. Where required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies).

How to Manage Your Cookie Preferences

Where required by applicable law, we will obtain your consent prior to setting cookies (except for strictly necessary cookies). While tracking is widespread over the internet, there are things you can do to minimize these activities with respect to browser cookies.

Browser Settings
Most web and mobile device browsers automatically accept cookies by default, but if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

In order to manage your cookie preferences, you may alter the cookie settings in your browser settings at any time. In addition, depending on your location, we may provide additional methods for you to manage your cookie preferences. If you do disable certain cookies, you may find that certain features and/or functionality of the Vivid Platform or the Website do not work.

To learn more about cookies, including how to manage cookies and opt-out of cookies being placed on your device, please visit http://www.allaboutcookies.org/manage-cookies/index.html.

Do Not Track Settings

     • You may turn on the Do Not Track (“DNT”) setting in your browser, which will enable your browser to send a special signal to websites, analytics companies, plug in providers, and other web services you encounter while browsing to stop tracking your activity. To turn on your DNT signal, please visit https://allaboutdnt.com/#adjust-settings. Please note that not all companies will respond to or honor DNT signals.

     • Note that Vivid Labs does not process or respond to web browsers' "Do Not Track" signals or other similar transmissions that indicate a request to disable online tracking of users who use the Site.

Targeting/Advertising Cookies
     • You can opt out of targeted advertising by:
          - Facebook: https://www.facebook.com/settings/?tab=ads
          - Google: https://www.google.com/settings/ads/anonymous
          - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

     • In addition, some of our third party analytics and/or advertising/targeting partners may be members of the Network Advertising Initiative ("NAI") or Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. NAI and DAA each provide information regarding procedures for opting-out of targeted online advertising from participating companies.
          - For information from NAI about opting out, click here, or visit http://optout.networkadvertising.org/?c=1
          - For information from DAA about opting out, click here or visit: http://optout.aboutads.info/

Please note that even if you opt out of targeting/advertising cookies, advertisements may still be visible to you when using the Site.

Google Analytics Opt-Out
     • You can download the Google Analytics opt-out browser add-on at: https://tools.google.com/dlpage/gaoptout/

3. How we use your Personal Data

• Where we need to perform the contract we are about to enter into, or have entered into, with you. For example, when you purchase our Services, that’s a contract.

• 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. For example, when we send you notices about updates to our Services and to carry out fraud screening.

• Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

• Where we have your consent such as for certain cookies or in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

See Explaining the legal bases we rely on to process Personal Data to find out more about the types of lawful basis that we will rely on to process your Personal Data.

Explaining the legal bases we rely on to process Personal Data

Below is a description of all the ways we plan to use Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Our primary purpose in collecting Personal Data is to provide you with a secure, smooth, efficient and customized experience. We use your Personal Data to:

Provide you our Services: We use the Personal Data we collect to share with our third-party providers to provide the necessary hardware, software, networking, storage and other services that we use to operate our Services and maintain a high-quality user experience. This is for our legitimate interests and to perform a contract with you.

Improve our Services: We use the Personal Data we collect to operate and improve the content and general administration of our mobile applications, camera, cloud services and website, to understand how users use and interact with our Services, improve the overall Vivid Labs customer and product experience, and perform research and analytics. This is for our legitimate interests.

Customize our Services for you: We use the Personal Data we collect to store data about your preferences, allowing us to customize our Services to your individual interests. This is for our legitimate interests.

Keep you posted: We use the Personal Data we collect to notify you about updates to our Services, and send you promotional messages, targeted marketing and content and otherwise market to you on and off our Services. If you do not wish to receive these product announcements from us, you may opt-out as set forth in the messages we send you. We also use the Personal Data we collect to send important notices such as communications about changes to our terms, conditions and policies.  Because this information is important to your use of the Services, you may not opt out of receiving these communications regarding changes to our terms, conditions and policies. This is for our legitimate interests and to perform a contract with you, and may be based on consent.

Promote safety and security: We use the Personal Data we collect to verify your identity including during account creation and password reset processes; provide technical support; detect fraud, illegal activities; security breaches and as part of our efforts to keep the Vivid Platform and our Services secure. This is for our legitimate interests.

4. Your control over your Personal Data

Right to modification and deletion: If you wish to modify, deactivate or delete your account or Personal Data associated with it, please contact us at support@vividlabs.com. We may decline to process requests that are frivolous, vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

If you are located in the European Union, you have other rights as set forth in Section 10 (Your Rights)

5. How we share your Personal Data

While we do NOT sell, share, rent or trade your Personal Data to anyone, your Personal Data may be shared in certain limited circumstances to provide and support our Services:

To service providers: We may share your Personal Data with service providers such as our hosting services (e.g. Google Cloud Services), payment services (e.g. Stripe), transcoding contractors, as well as other partners, who work at our direction to support our Services. For example, we use Mailchimp to send marketing messages on our behalf. These service providers are prohibited from using any Personal Data about other than as necessary for provide services to Vivid Labs.

Other parties in connection with certain business transactions: In the event that the ownership of Vivid Labs changes as a result of a merger, acquisition, or in the event of a bankruptcy, your Personal Data may be transferred to another company. Should we legally become part of a group of companies, we may share your Personal Data within such group.

Consent: We may share your Personal Data for any other purpose for which you give us your express consent.

Anonymized and aggregated data: We may share anonymized or Aggregate Data with others for any purposes, provided such data does not contain your Personal Data.

Legal compliance

In response to legal requests: We reserve the right to access, preserve and share information in response to a legal request (such as search warrant, court order or subpoena) if we believe in good faith that that we are required to do so by law, regulation or other government authority. This may include responding to legal requests from jurisdictions outside of the United States if we believe in good faith that we are required to so by law, regulation or other government authority in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

To prevent harm: We may also access, preserve and share information if we believe in good faith that it is necessary to detect, prevent and address fraud or other illegal activity; to protect Vivid Labs, our Services, you and others, or to prevent death or imminent bodily harm. Note that your Personal Data may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation or investigations concerning possible violations of our terms and conditions of use (up to a year retention), or otherwise to prevent repeat abuse and harm.

6. How we protect your Personal Data

Security measures: We will take appropriate physical, technical, and organization measures generally consistent with industry practice, to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration and destruction. We may use password protection, encryption, secure socket layers, and firewalls.

7. Children’s Privacy. Vivid Labs’ Services are intended for general audience and not children under the age of 16. We do not knowingly collect Personal Data from children under the age of 16 and, should we become aware of such collection, we will take reasonable steps to delete any such information as soon as possible.

8. Data Retention

We will only keep your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers, such as payment data, generally for seven years after they stop being customers for tax purposes. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law.

In some circumstances you can ask us to delete your data; see Your legal rights below for further information.

9. Additional Personal Data for International Users

While Vivid Labs is an international business, our offices are located in the United States and, as a result, regardless of where you use our Services or otherwise provide information to us, the information we collect may be transferred to and maintained on servers located in the United States. The laws, regulations and standards of the country in which this information is stored may be different from your own country. The European Union's General Data Protection Regulation (“GDPR”) allows for transfer of Personal Data from the European Union to a third country in certain situations. By consenting and agreeing to the terms of use and this Privacy Notice, you agree to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in other countries, particularly the European Union, and to the processing of that information by Vivid Labs on servers located in the United States of America as described in this Privacy Notice. In our discretion, we may adopt other means, such as entering into data processing agreements that include the EU Standard Contractual Clauses or enter into different certification programs under applicable law for ensuring adequate safeguards. If you wish to execute a data processing agreement with us, please contact us.

10. Your Rights

If the General Data Protection Regulation (GDPR) applies to you because you are in the European Union, you have rights under data protection laws in relation to your Personal Data:

• The right to be informed – that’s an obligation on us to inform you how we use your Personal Data (and that’s what we’re doing that in this Privacy Notice);

• The right of access – that’s a right to make what’s known as a "data subject access request" for a copy of the Personal Data we hold about you;

• The right to rectification – that’s a right to make us correct Personal Data about you that may be incomplete or inaccurate;

• The right to erasure – that’s also known as the "right to be forgotten" where in certain circumstances you can ask us to delete the Personal Data we have about you (unless there’s an overriding legal reason we need to keep it);

• The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing Personal Data;

• The right to data portability – that’s a right for you to ask us for a copy of your Personal Data in a common format (for example, a .csv file);

• The right to object – that’s a right for you to object to us processing your Personal Data (for example, if you object to us processing your data for direct marketing); and

• Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

These rights are subject to certain rules around when you can exercise them. More information on these rules is available on the UK Personal Data Commissioner’s Office website.

If you wish to exercise any of the rights set out above, please contact us at privacy@vividlabs.com.

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.

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.

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.

If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact us at privacy@vividlabs.com.

You have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance.




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