Modified: July3, 2023
This Privacy Policy, as amended or otherwise changed from time to time (this“Privacy Policy”), explains the manner in which Nerd United DAO, LLC, parent companies, affiliates, and other corporate entities under common ownership including, but not limited to, all websites that link this Privacy Policy (“Nerd”,“Nerd United”, “we“, “us“, or “our“) collects, uses, maintains and discloses user information obtained through its websites, applications, brands, services and products (collectively, “Services”). Whenever you access or use theServices, you accept the terms and conditions of this Privacy Policy. If you do not agree with or you are not comfortable with any aspect of this PrivacyPolicy, you should immediately discontinue access or use of the Services.
This Policy does not apply to websites, software, or applications run by third-parties that Nerd may link to, reference, or otherwise contract with, so please reference the respective third-party privacy policy for information on how they collect and use your information.
If youhave any questions or concerns about this Policy or our practices with regardto your personal information, please contact us at support@nerdunited.com
Privacy Policy Updates and Changes
We may revise this Policy at any time for any reason, including but not limited to: to reflect changes in law, changes in our personal data information collection, protection, and use practices, changes in the features available through theServices, or address any advances in technology. If any changes are made to this Privacy Policy, the changes will be effective upon posting to the Site and will be prominently posted on websites and applications. You should review thisPolicy each time you visit the Site or use our Services to inform yourself of any revisions. Your continued use of the Site will constitute your acceptance of the Policy as revised. Capitalized terms not defined herein shall have the meanings ascribed to them in Nerd United’s Terms and Conditions.
Pertinent Definitions
“PersonalData” means data that Nerd United may collect from you or that you may voluntarily provide to Nerd United that may identify, relate to, describe, references, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly with you, your household or your device(s) used to access the Services, including, for example, your name, address, User ID, telephone number, e-mail address, any blockchain addresses, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
“AnonymousData” means data from which your identity is not readily ascertainable,and that is not associated with or linked to your Personal Data; Anonymous Datadoes not, by itself, permit the identification of individual persons.
Lawful Basis for Processing
Weonly collect and process Personal Data about you where we have lawful bases todo so. Lawful bases include consent where you have Nerd United’s consent,contract, and legitimate interests.
Personal Data We Collect
· We may collect Personal Data from you, suchas your first and last name, e-mail, and mailing addresses, including countryor region of residence, User ID, date of birth, government-issuedidentification, and password when you register for an account on the Services(“Account”) report a problem with the Services, or otherwise use the Services.
· We may also collect other Personal Dataprovided by third-party identity verification services or via social networkingwebsites.
If you tell us where you are (e.g., by allowing your mobile device or computerto send us your location), we may store that information.
· We may collect your Personal Data, such asyour User ID and it may be used to track you across devices and connect you toalternative datasets that we have, including but not limited to, discord data,your wallet, and game-related data.
· Certain services, such as two-factorauthentication, may require our collection of your phone number. We mayassociate that phone number to your mobile device identification information.
· If you provide us feedback or contact us viae-mail, message chat or similar functionality, we will collect your name ande-mail address, as well as any other content included in the communication, inorder to send you a reply.
· Transactional information when you requestinformation or purchase a product or service from us.
· We also collect other types of Personal Datathat you provide to us voluntarily when seeking support services, such asemail, information submitted via online form, video conferencing serviceinformation, other contact information, or other information provided tosupport services staff.
· We may collect other data, including but notlimited to, referral URLs, your location, blockchain analytics informationrelated to blockchain addresses you provide.
Someinformation is collected automatically by our servers:
· Our servers (which may be hosted by athird-party service provider) collect information from you, including yourbrowser type, operating system, Internet Protocol (“IP”) address (a number thatis automatically assigned to your computer when you use the Internet, which mayvary from session to session), domain name, and/or a date/time stamp for yourvisit.
· As is true of most websites, we gathercertain information automatically and store it in log files. This informationincludes IP addresses, browser type, Internet service provider (“ISP”),referring/exit pages, operating system, date/time stamp, and clickstream data.
· Like many online services, we use cookies tocollect information. “Cookies” are small pieces of information that a websitesends to your computer’s hard drive while you are viewing the Site. We also use"cookies" from time to time to help personalize your onlineexperience with us. We will process Personal Data collected through cookies inaccordance with this Privacy Policy. If you have set your browser to alert youbefore accepting cookies, you should receive an alert message with each cookie.You may refuse cookies by turning them off in your browser, however, you shouldbe aware that our site, like most other popular sites, may not work well withcookies disabled.
· We retain information on your behalf, such astransactional data and other session data linked to your Account.
How We Use Your Information
Wewill only use your Personal Data in ways that you provide us your consent or whenthe law allows. Please note that we may process your Personal Data without yourknowledge or consent where this is required or permitted by law.
Ingeneral, Personal Data you submit to us is used either to respond to requeststhat you make, or to aid us in serving you better. We use your Personal Data inthe following ways:
· facilitate the creation of and secure yourAccount on the network;
· identify you and perform identityverification through a service provider;
· provide improved administration of ourwebsites and Services;
· improve the quality of experience when youinteract with our websites and Services;
· send you a welcome e-mail to verify ownershipof the e-mail address provided when your Account is created;
· send you administrative e-mail notifications,such as Account activity, transaction processing, security or support andmaintenance advisories;
· identify, prevent, and report potentiallysuspicious, fraudulent, or illegal activities;
· notify you about important changes to ourTerms and Conditions or Privacy Policy; and respond to your inquiries or other requests.
· make our Site and Services more useful to you
All data collected automatically will be used to administer or improve our services as follows:
· We use IP addresses to make our website andServices more useful to you and to perform identity verification.
· We use information from log files to analyzetrends, administer the Services, track users’ movements around the Services,gather demographic information about our user base as a whole, and bettertailor our Services to our users’ needs. Except as noted in this Privacy Policy,we do not link this automatically collected data to Personal Data.
· We may use both session Cookies (which expireonce you close your web browser) and persistent Cookies (which stay on yourcomputer until you delete them) to provide you with a more personal andinteractive experience with our Services. This type of information is collectedto make the Services more useful to you and to tailor the experience with us tomeet your special interests and needs.
· We also use third-party web analytics toolsthat help us understand how users engage with our Site. This informationis used to compile reports and to help us improve our Site. You can opt-out ofsuch third-party analytic tools without affecting how you visit our Site bycontacting us at support@nerdunited.com
· We may create Anonymous Data records fromPersonal Data by excluding information (such as your name) that makes the datapersonally identifiable to you. We use this Anonymous Data to analyze requestand usage patterns so that we may enhance the content and navigation of ourServices. We reserve the right to use Anonymous Data and aggregated and otherde-identified information for any purpose and disclose Anonymous Data to thirdparties in our sole discretion.
NerdUnited does not sell user Personal Data to any third party.
Retentionof Personal Data
Unless the law specifies a different retention period, we will only keep your PersonalData for the time strictly necessary to carry out the operations for which saidData has been collected by us. In general, this means we will retain yourPersonal Data for as long as you have an active Account with us.
Personal Data destruction procedures and methods
In principle, we destroy the Personal Data without delay after the purpose of collection and use of Personal Data is achieved. However, this is not the case when preservation is required according to laws and regulations.
The destruction procedure and method are as follows:
· Personal Data printed on paper: shredded witha shredder or incinerated
· Personal Data stored in electronic fileformat: Deleted using a technical method that cannot reproduce the record.
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:
We may use your Personal Data to form a view on what Services we think may be of interest to you. You will receive marketing communications from us if (i) you have requested information from us; or (ii) use our Services, in each case, you have chosen to opt-in and not opted out of receiving marketing communications.We will get your express opt-in consent before we share your Personal Data with any company outside of Nerd United for marketing purposes.
You acknowledge by providing your personal information in connection with receiving services from Nerd United, that you have an established business relationship with Nerd United. As such, you provide Nerd United with express consent to contact you using your personal information for all matters relative to your services with Nerd United. This may include the use of autodialed or pre-recorded telephonic communications for operational communication, which may include the verification of your personal information, the collection of a debt, or any other necessary communication or confirmation in connection with any element of your ongoing service with Nerd United. You further acknowledge that this established business relationship may extend beyond the standard eighteen months from the last transaction standard. You understand that services with Nerd United may not have such a transaction within eighteen months, but that the relationship will still be considered as ongoing due to the specific nature of Nerd United services. The established business relationship, which is created upon the initiation of services, and the providing of personal information to Nerd United shall continue for five years following the providing or updating of any personal information in connection with your services with Nerd United. With respect to sales and marketing from NerdUnited specifically, you understand that the same existing business relationship standard applies.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us. However, where you opt out of receiving marketing messages, this will not apply to Personal Data provided to us as a result of your use of our Service, a product/service experience or other transactions.
How we Share your Information – Personal Data shared with third parties
We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
· It may be necessary to disclose your PersonalData to comply with any legal obligation, to defend or investigate any illegalor suspected violations of Nerd United’s Terms and Conditions, to enforce ourTerms and Conditions and this Privacy Policy, or to protect the rights, safety,and security of Nerd United, our users, or the public.
· We may share your Personal Data with third-partyservice providers to provide you with the Services; to conduct qualityassurance testing; to facilitate creation of accounts; to provide technicalsupport; and to verify your identity. These third-party service providers arerequired not to use your Personal Data other than to provide the servicesrequested by you.
· We may share some or all of your PersonalData with third parties (e.g. the purchaser or new owner) in connection with orduring negotiation of any merger, financing, acquisition or dissolutiontransaction or proceeding involving sale, transfer, divestiture, or disclosureof all or a portion of our business or assets. In the event of an insolvency,bankruptcy, or receivership, Personal Data may also be transferred as abusiness asset. If another company acquires Nerd United assets, that companywill possess the Personal Data collected by Nerd United and will assume therights and obligations regarding your Personal Data as described in thisPrivacy Policy.
OurServices may contain links to other third-party websites which are regulated bytheir own privacy policies. Nerd United is not responsible for the privacypolicies of these third-party websites even if they were accessed using thelinks from our Services.
Otherthan as stated in this Privacy Policy, Nerd United does not disclose any ofyour Personal Data to third parties unless required to do so by lawenforcement, court order, or in compliance with legal reporting obligations.
Transfers outside of the EEA
YourPersonal Data may be transferred to, processed, and stored in countries other than the country in which you are a resident, including the United States,European Union, the UK, and other countries We may share your Personal Data within Nerd United and other with our partners and third-party companies that assist in providing Nerd United Services which are based in various locations globally.
If you are based in the European Union, this may involve transferring your data outside the European Economic Area (EEA). In addition, many of our external third-parties are also based outside of the EEA so their processing of yourPersonal Data will involve a transfer of data outside the EEA. We may transfer personal data from EEA to third countries outside of EEA, under the following conditions:
· Contractual Obligation: Where transfers are necessary to satisfy our obligation to you under our EULA, including to provide you with our services and customer support services, and to optimize Nerd United;and
· Consent: where you have consented to the transfer of your Personal Data to a third country.
Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
· We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see EuropeanCommission: Adequacy of the protection of personal data in non-EU countries.
· We may use specific contracts approved by theEuropean Commission which Nerd United Personal Data the same protection it hasin Europe. For further details, see EuropeanCommission: Model contracts for the transfer of personal data to thirdcountries.
· In respect of transfers to entities in theUS, we may transfer Personal Data to them if they are part of the PrivacyShield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see EuropeanCommission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA. If you wish to be informed about what Personal Data we hold and want it removed from our systems, or to exercise any of your rights granted under your country of residence please contact us at support@nerdunited.com
Updating Information
Youcan update your personal or account information by contacting our support team at support@nerdunited.com. We will retain your information for as longas your Account is not closed or as needed to provide you access to yourAccount. If you wish to close your Account, open a ticket in our support center.We will retain and use your information as necessary to comply with our legalobligations, resolve disputes, and enforce our Terms and Conditions.
Cookies
Wecollect web browser information in order to enhance your experience on ourServices and track how the Services are being used. Cookies are small datafiles that are stored on your computer’s hard drive, and in addition to usingcookies to provide you with a better user experience, we use cookies toidentify and prevent fraudulent activity. The information collected can includebut is not limited to, your IP address, referral URLs, the type of device youuse, your operating system, the type of browser you use, geographic location,and other session data. Cookies are not permanent and will expire after a shorttime period of inactivity. You may opt to deactivate your cookies, but it isimportant to note that you may not be able to access or use some features ofour Services. Please note that Nerd United is not responsible and cannot beheld liable for any loss resulting from your decision or inability to use suchfeatures.
Do NotTrack (“DNT”) is an optional browser setting that allows you to express yourpreferences regarding tracking by advertisers and other third parties. At thistime, we do not respond to DNT signals.
Securityof Information
Wetake the protection of your Personal Data seriously. We use industry-standarddata encryption technology and have implemented restrictions related to thestorage of and the ability to access your Personal Data. However, please notethat no transmission over the Internet or method of electronic storage can beguaranteed to be 100% secure. Additionally, we aim to enforce internalregulations and rectify issues as soon as they are discovered.
Legal Rights Concerning Your Information
Dependingon your state or country of residence, Under certain circumstances, you haverights under data protection laws in relation to your Personal Data which areset out in more detail below:
Request confirmation and access
This enables you to confirm whether or not we are processing your Personal Data and that you may access your Personal Data.
Request change or correction
This enables you to have any Personal Data we hold about you changed or corrected, though we may need to verify the accuracy of the new data you provide to us.
If you need to add or change any information, you can log into your Account and make the change in your settings. If it doesn’t look like you can make the change on your own, please reach out to us at support@nerdunited.com. and we make work to correct any errors.
Request deletion
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 applicable law.
Please note: your right of deletion would not apply for various reasons including if we need to retain your Personal Data in order to comply with a legal obligation or to establish or defend a legal claim. Where we are unable to comply with your request of deletion, we will notify you at the time of your request.
Object to processing
You have the right to object to the 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
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 delete 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 to transfer
If you ask us, we will provide 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.
Withdrawal of consent
This applies 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.
If you wish to exercise any of the rights set out above, please contact us at support@nerdunited.com
Accessing your Information
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, depending on your state or country, or residence, if your request is clearly unfounded, repetitive, or excessive, we may refuse to act on your request or charge a reasonable fee. 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 rights 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.
California Residents
If you are a California resident, you may have certain rights with respect to yourPersonal Data, including the following:
· Right to know, whether we collect and saveyour Personal Data, the source of the Personal Data we have about you, thecategories and purposes of use of your Personal Data, whether it is beingdisclosed or sold, and to whom it is being disclosed or sold;
· Right, subject to certain exceptions, to haveyour Personal Data deleted from our possession or control;
· Right to opt out from the sale of yourPersonal Data. As described in the section above, we do not sell Personal Dataand have not done so in the past 12 months;
· Right to limit sensitive Personal Data use (e.g.,information relating to your government ID or geolocation) to specificallypermitted purposes;
· Right to not be discriminated against forexercising your rights
· Right to correct inaccurate personalinformation that we may have about you;
· Right to limit the use and disclosure ofsensitive personal information collected about you.
The California Consumer Privacy Act (CCPA), as amended by the California PrivacyRights Act (CPRA), permits California residents who use our website to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, or if you have any questions or concerns about your California privacy rights, ourPrivacy Policy, or our use of your personal information, please send an email to info@nerdunited.com
Forall California residents, any such inquiries shall be responded to withinforty-five (45) days. We must verify your identity with respect to suchinquiries. Depending on the nature of the Personal Information at issue,we may require additional measures or information from you as part of thatverification.
ForCalifornia residents under age 18 who have publicly posted content orinformation, you may request and obtain removal of such content or informationpursuant to California Business and Professions Code Section 22581, providedyou are a registered user of any website where this Policy is posted. Tomake such a request, please send an email with a detailed description of thespecific content or information to support@nerdunited.com
Residents of other Colorado, Connecticut, Utah, and Virginia
Wetreat collected information of persons residing in any jurisdiction with theupmost care and in accordance with applicable law.
Colorado- we adhere to the consumers’ privacy rights and company personal datacollection duties set forth in Colorado’s comprehensive data privacy law knownas the Colorado Privacy Act (CPA), or Colo. Rev. State. § 6-1-1301 et seq.,which comports with the Colorado Consumer Protection Act.
Connecticut- we do and will abide by Connecticut’s primary data privacy law known asPersonal Data Privacy and online Monitoring, or 2022 S.B. 6 or Public Act No.22-15 effectual on July 1, 2023, which gives Connecticut residents the right torequest a copy of their personal data, correct any inaccuracies, and opt out ofpersonal data processing. Moreover, wecomply with Conn. Gen. Stat. § 42-471, which mandates that we safeguard personalinformation from being misused by third parties and erase it upon disposal.
Utah –we observe the requirements of Utah’s 2022 S.B 227, known as the Utah ConsumerPrivacy Act (UCPA) effectual as of December 31, 2022, which gives consumers theright to know:
- what type of data we collect about them;
- how their data is being used; and
- whether or not we intend to sell the data tothird parties.
Infurther compliance with the UCPA, upon request, we will provide you access toyour data, permit you to delete your personal data, and allow you to opt out ofpersonal data collection.
Virginia– we fulfill the requirements of Virginia’s Consumer Data Protection Act (2021H.B. 2307/2021 S.B. 1392), which lays out how we control and process data and mandates that, upon request, we will provide you access to your data, permit you to delete your personal data, correct your data, as well as allow you to opt out of personal data collection.
Tomake a request regarding your personal data, in accordance with any of the lawsof Colorado, Connecticut, Utah or Virginia, please send an email with adetailed description of the specific content or information to support@nerdunited.com.
Residents of Other U.S. States and Compliance with Federal Law
We reiteratethat we treat collected information of persons residing in any jurisdictionwith the upmost care and in accordance. Thus, for purposes of clarity, we pronounce our adherence to thefollowing laws of these U.S. States:
- Arizona – Ariz. Rev. Stat. § 41-151.22
- Delaware – Del. Code § 1204C and Del. Code Tit. 6 § 205C
- Hawaii – 2021 H.B. 1253
- Maine – 35-A MRSA § 9301
- Minnesota – Minn. Stat. §§ 325M.01 to .09
- Missouri – Mo. Rev. Stat. §§ 182.815, 182.817
- Nevada – NRS §§ 205.498, 603A.300, 603A.340
- New York – Civ. Rts. Code § 52-C*2
- Oregon – ORS § 646.607
- Tennessee – Tenn. Code § 10-7-512
- Vermont – 9 V.S.A § 2446-2447
While the United States does not currently have a data privacy and protection law enacted at the federal level, should such a law become enacted, we intend to comply with all provisions that may be set forth therein.
To make a request regarding your personal data, in accordance with any of the laws of any U.S. State, or to inquire about federal data privacy and protection compliance, please send an email with a detailed description of the specific content or information to support@nerdunited.com.
Children’s Privacy
Unfortunately,if you’re under 18, you cannot use our Services without parental consent. We donot knowingly solicit or collect information from anyone under 18. If we becomeaware that a person under the age of 18 has provided us with Personal Data withoutverification and parental consent, please alert us at support@nerdunited.com andwe will work to delete it immediately.
Updates to this Privacy Policy
Wemay update this Policy from time to time. The updated version will be indicatedby an updated “Revised” date and the updated version will be effective as soonas it is accessible. If we make material changes to this Privacy Policy, we maynotify you either by prominently posting a notice of such changes or bydirectly sending you a notification. We encourage you to review this Policy frequently to be informed of how we are protecting your information.
Contact Us
If you have any queries or complaints about our collection, use, or storage of yourPersonal Data, or if you wish to exercise any of your rights in relation to your personal information, please contact our Data Protection Officer (“DPO”)at support@nerdunited.com. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your PersonalData.
Based on the applicable laws of your country, you may have a right to request access to the Personal Data we collect from you, change, or delete the Personal Data.To request the review, update, or removal of your Personal Data, please contact us at support@nerdunited.com.
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