Privacy Policy

Last updated: June 23, 2021

This Privacy Policy describes how Nifty Royale (“Nifty Royale”, “we”, “our” or “us”) collects and processes the personal information of users of our website www.niftyroyale.com (the “Site”).  By viewing or interacting with our Site or using our services (“Services”), you (“you” or “your”) acknowledge that we will be collecting, sharing and using your submissions and personal information as described in this Privacy Policy.  You understand that by using our Site or Services, you consent and agree to the collection and use of your personal information in accordance with this Privacy Policy and our Terms of Use.

CHILDREN’S PRIVACY POLICY

We do not knowingly solicit, collect or process information from children who: (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of personal information of children; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Restricted Individual”).  In compliance with United States regulations regarding online privacy for children, we do not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Restricted Individual.  Such individuals are not permitted to have an account through our Site or to use our Site.  By using our Site or Services and/or submitting your personal information to us, you represent and warrant that you are eighteen (18) years old or older.

HOW WE COLLECT INFORMATION

When you, as a visitor or user of our Site or Services, connect to your Metamask wallet and purchase a non-fungible token from a Drop, the wallet address is partially displayed on the Battles page on our Site.  We also collect information from you if you complete forms or questionnaires on our Site such as when a visitor signs up for our beta launch or our newsletter.


We also collect information using Google Analytics which is installed on the landing page of our Site.  When you land on our Site, therefore, some further information is being collected from you.

INFORMATION WE COLLECT FROM YOU

Information You Voluntarily Provide.  We collect personal information that you voluntarily provide to us through forms or questionnaires on our Site such as: (a) name (usually nicknames or aliases or whatever you choose to provide); (b) email address; (c) Metamask wallet address; and (d) Discord screen name.

If you signed up to be one of our beta users, we also collected the following information from you through our beta signup questionnaire: (a) links of your NFT collections on other marketplace platforms (e.g. Nifty Gateway, MakersPlace); (b) your favorite NFT project(s); (c) how much you may have spent on NFTs in ETH (but not the exact amounts; tiers only); (d) how much you may have been willing to spend per NFT (again, not exact amounts; but tiers only); (e) when you started buying NFTs; and (f) whether or not you bought NFTs created by certain artists.

Automatically Collected Information.  We also automatically collect certain information from you when you visit our Site or use our Services.  This information does not reveal your identity but may include information regarding your use of and navigation through our Site such as: (a) the web pages you viewed; (b) pages on our Site that you clicked; (c) other sites you visited before coming to our Site; (d) geolocation; (e) frequency of your visits to Our Site; (f) time you spent viewing webpages; (g) the date(s) and time(s) you visited or accessed our Site; or (h) other clickstream data.  We use this automatically collected information primarily to maintain the security and operation of our Site and Services, and for our internal analytics and reporting purposes.

Cookies Policy

Like many website owners, we use cookies to collect information and enable certain functionality on our Site.  A cookie is a small text file sent by a website to a user’s browser and stored on the user's device while they use a website.  Cookies can be stored only for the time you use a particular site (session cookies) or for a longer period of time and independent from the session (persistent cookies).  Cookies work in conjunction with the website content and normally have the function of improving the usability and browsing experience on the web (technical cookies).  Some types of cookies also allow us to know the contents displayed, the choices selected and any use of the Site by the user.  A website can use self-developed cookies (first-party cookies) or cookies developed by third-party companies (third-party cookies).  We treat information collected by cookies and other technologies as not personally identifiable information because they do not include personally identifying information.

We use cookies for various purposes, including but not limited to: (i) identifying the user when logging in; (ii) avoiding fraudulent use of accounts or payments; (iii) performing user profiling to provide information on NFTs of interest to you; and (iv) improving the Site.

Google Analytics: Our Site uses the Google Analytics tool to collect information, in aggregate form, on the number of users and how they visit and interact with our Site. This tool uses third-party technical cookies for its operation.  Information on the processing of privacy by Google is available at the following link: http://www.google.com/analytics/learn/privacy.html.


Information on the cookies used by Google Analytics and the collection and use of this data are available at the following link:


https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage#gajs

The following link also contains information to opt-out of the use of third-party cookies by Google Analytics: http://tools.google.com/dlpage/gaoptout

Disabling cookies.  You can always decide to block, delete, or disable cookies or other similar technologies through the settings in your browser or device.  There are many different browsers and each different browser has its own settings for blocking or deleting cookies. Cookie preferences must be set separately for each browser used, as the features and options offered may vary. It is therefore advisable to visit the support pages of your browser for more information.  Please be advised, however, that if you block, disable, or delete our or other third-party cookies, certain features or functionality of our Site or Services may no longer perform as intended.  For example, if you set a preference to automatically sign in to your account, you may no longer be able to sign in automatically, but will have to re-enter your ID and password. 

Acceptance of use of cookies.  By accessing and using our Site and, in any case, until another choice is expressed, you consent to our use of first-party cookies and to third-party cookies.

Your browser may also allow you to transmit a “Do Not Track” request to websites you visit.  There is no accepted industry standard with respect to such requests, therefore, we do not respond to “Do Not Track” browser signals.

Payment Information.  The only payment-related information we currently collect is Metamask wallet from users who interact with our Site or Services and complete transactions.  We do not currently collect any other payment information from users, such as credit card information, but may do so at some point in the future.

HOW WE USE THE INFORMATION WE COLLECT

We process and use your information for purposes based on our legitimate business interests, the fulfillment of any transactions or contracts with you, compliance with our legal obligations, and/or your consent.  We use the information, including personally identifiable information, collected through our Site or Services for a variety of business purposes described below, namely:

  1. to map out token ownership based on a Metamask wallet address and to facilitate secondary market sales;


  1. to display partial Metamask wallet addresses of all the participants in a game on the battles page;


  1. to market our products and services to Site visitors and users;


  1. to assess users’ willingness to pay and to determine pricing of products;


  1. to analyze data to send more targeted messages to visitors of our Site;


  1.  to conduct research and analyze data to improve our Site, Services,  and products;


  1. to enable vendors and contractors to assist with marketing, operation, troubleshooting and analysis of our Site;


  1. to fulfill product and service requests;


  1. to deliver email messages like updates, our newsletters, customer service notices, and service announcements;


  1. to permit users to establish accounts with us and to manage their accounts;


  1. to comply with legal and regulatory requirements; 


  1. to detect and prevent fraud;


  1.  to provide you with customer support;


  1. to protect the security of our Site and Services; and


  1. to fulfill other legitimate business purposes we may disclose to you before we collect the information or for which we obtain your consent.

WHO WE MAY SHARE YOUR INFORMATION WITH

We only share your information with your consent, to comply with laws and regulations, to provide you with our Site and Services, to protect your or our rights, or to fulfill business obligations.  We may share your information based on one or more of the following grounds:


  • Consent.  If you have provided us with consent to process or share your information for a specific purpose, we may do so.

  • Fulfill Contractual or Transactional Obligations.  If you have entered into a contract or transaction with us, we may process or share your information for this purpose.

  • Legitimate Interests.  We may process or share your information when it is reasonably necessary to achieve our legitimate business interests.

  • Legal Compliance.  We may have to process or share your information if we are legally required to do so to comply with applicable law, governmental requests, or legal process such as in response to a court order or subpoena.

  • Vital Interests.  We may process or share your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our Terms of Use or other policies, or suspected fraud, threats to the safety of any person, illegal activities, or as evidence in litigation in which we may be involved.


We may, therefore, share your information with the following persons or entities:


  1. Metamask wallet addresses are shared with OpenSea for deployment of non-fungible token (NFT) listings for secondary market sales;


  1. Aggregate user information, analytics, and preferences may be shared with creators for discussions to determine pricing and amount of supply;


  1. Aggregate user information and analytics may be shared with investors for purposes of pitches or to our advisors such as legal or financial advisors;


  1. A potential purchaser in the event our Site or Services may be sold to another company or person, or in the event of a liquidation, merger, or bankruptcy of our business;


  1. Service Providers.  At times, we may contract with third-parties for services such as fraud detection, payment processing, customer support, data analytics, or hosting or web services.  We share your information with these third-party service providers only so that they may provide us with the requested services.


  1. Law Enforcement.  If required or compelled to do so, we may have to share your information with law enforcement, government agencies, or regulators.


  1. Affiliated Companies.  If we ever establish other companies such as parents, subsidiaries, joint venture partners, or other companies that we control or that are under common control with us, we may share your information with such affiliates.

AGGREGATED OR DE-IDENTIFIED DATA

At times, we may make information that would otherwise be deemed personally identifiable information non-personally identifiable by either combining it with information about other users (aggregating the data), or by removing characteristics that make the information personally identifiable.  This process is known as aggregating information or de-identifying or anonymizing of information.  You consent to our use of your information to provide analyses of our users in the aggregate or in de-identified form to current and prospective partners and other third parties, and we may use such aggregate or de-identified data without restrictions.


ANALYTICAL DATA


We may also use your personal information in connection with the creation and development of analytical and statistical analyses, processes, and tools and data relating to the use of the customer data we collect in providing our Site and Services (the “Analytical Data”).  We may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data.  While providing services to us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and take appropriate confidentiality and security measures.  You expressly authorize and consent that we can make any such use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.


THIRD PARTY WEBSITES OR SERVICES


Our Site or Service may contain links to other third-party websites, services, or applications (“Third-Party Websites”).  This Privacy Policy does not govern or control these Third-Party Websites in any way or the privacy practices of such Third-Party Websites.  Should you be re-directed or visit any such Third-Party Websites by clicking a link to them on our Site or Service, the privacy policies of the applicable Third-Party Website will govern the collection and use of your personal information.  We are not responsible for these Third-Party Websites’ privacy practices, any of the information they collect and use, or any of the content or information provided through their websites, services, or applications.  We therefore encourage you to read the privacy policy of any Third-Party Website you visit or use to see how they will handle your personal information.

TRANSFER OF DATA TO OTHER COUNTRIES

We are based in the United States but may, at times, have to transfer your information to other countries.  You therefore expressly consent to the storage and processing of your personal information in the United States.  Your personal information may also be stored and processed in any country where we have operations or where we engage service providers.  Those countries may have data protection rules that are different from those of your country.  Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer legal rights in relation to your information.

However, we will take measures to ensure that any such transfers comply with applicable data protection laws and that your personal information remains protected to the standards described in this Privacy Policy.

TRANSFER OF DATA IN BUSINESS TRANSACTIONS

If we are acquired by, or merge with, any other entity, we reserve the right to assign or transfer any information that we have collected, including your personal information, to the other entity. Therefore, if we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, it is probable that user information collected from you through your use of the Site or Service, will be included in the transferred assets.


DATA RETENTION PERIODS


We store your personal information only for as long as is reasonably necessary taking into consideration our need to provide our Site and Services, answer queries or resolve problems, provide improved and new services, comply with legal requirements under applicable law(s) or in the event of disputes and extraordinary claims that reasonably require the retention of personal information.  This means that we may retain your personal information for a reasonable period after you stop using our Site or Services.

YOUR CHOICES REGARDING YOUR INFORMATION

You have the right to access your personal information in your account and change it.  Please be advised, however, that you must maintain accurate information within your account in order for us to provide Services to you.  In addition, you will be able to opt-out of receiving communications from us or leave the Discord server voluntarily.  For example, your opt-out requests for our newsletter will be processed immediately by our newsletter service provider.  For any other opt-out requests, we will act upon them as soon as commercially reasonable, but in no case more than ten (10) business days.

In addition, no more than two times in any 12-month period you have the right to know what personal information concerning you we have.  You have the right to receive your personal information in a structured, plain and readable format, as well as the right to transmit this data to another data controller without impediments.  You have the right to request deletion of your personal information subject to our rights of data retention for any legitimate business reasons.

CALIFORNIA RESIDENTS’ RIGHTS

This section fully incorporates everything stated in this Privacy Policy.  As a resident of California, you have the following rights:

  1. Right to know what personal information we have about you and the right to access it;

  2. Right to request deletion of Your personal information;

  3. Right to request that Your personal information is not sold;

  4. Right to know who we shared Your information with for their direct marketing purposes;

  5. Right to non-discrimination for exercising your California rights.

Right to Know.  Upon submitting a verifiable request to us, you may request to know the following: (a) categories of personal information we have collected about you; (b) the specific pieces of personal information we have collected about you; (c) categories of sources from which personal information was collected; (d) the business or commercial purposes for which we collected personal information; and (e) the categories of third parties we share personal information with.

We may need to identify you and to ask for additional information in order to be able to fulfill your request.  You can make your request at the contact information listed below. You may be required to provide your email address on file with us among other information.  Upon verification of your identity, we will fulfill your request as soon as commercially reasonable.  However, we will not provide any information that we reasonably believe might be the subject of fraudulent action.

Right to Delete.  You may also contact us at the contact information below to request that we delete information we have about you.  Please note, as stated above, we may have to verify your identity before any deletion request is carried out and ask you to provide additional information to do so.  Upon verifying your identity, we will fulfill your request as soon as we can, but we will not delete such information if we reasonably believe it might be subject to fraudulent action.

Right to Request Information Is Not Sold.  As a California resident, you have the right, at any time, to opt-out of our selling your information to third parties, if such selling takes place.  The meaning of “sell” under California privacy law is broadly defined and can include sharing your information for any economic benefit.  We share your information with service providers and other authorized third parties as set forth in this Privacy Policy.  To the extent that any such third party is not considered a service provider under California privacy law or the law is interpreted in a manner that any action by us is considered a “sale” or “selling”, or otherwise deriving an economic benefit from sharing your personal information, to the extent that you wish us not to share such information, please submit your request using the contact information below.

Right to Know Who We Shared Your Information With For Their Direct Marketing Purposes.  If you are a resident of California, you may also request that we provide you with the information that we have shared with third parties for such third parties’ electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Such information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.

If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at the contact information provided below.  Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code.  Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the contact information we provide.

Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion.

CHANGES TO THIS PRIVACY POLICY

We may, from time-to-time and without prior notice to you, amend, supplement or update this Privacy Policy if our privacy practices change.  The changes and substantial updates to the Privacy Policy will be applied and brought to the attention of the interested parties as soon as they are adopted by publishing an updated version of this Privacy Policy and updating the link to the Privacy Policy on our Site.  Your continued use of the Site or Services after such updated version is published constitutes your consent and agreement to such updated version.  We encourage you to periodically visit the page where this Privacy Policy is posted to familiarize yourself with our privacy practices.

DATA SECURITY

We are committed to keeping you informed about how we use your personal information, and we take precautions to protect your information.  We do not presently collect or store your credit card or debit card information.  At present, user information is stored on the TypeForm platform under our account, and in our Google workspace.  All such user information is only accessible by the owners of our company and no one else.


Unfortunately, secure transmission of data over the Internet cannot be guaranteed 100% of the time.  Consequently, while we take steps to protect your personal information, we cannot and do not guarantee or warrant the security of information collected through our Site or Services.  THEREFORE, BECAUSE WE HAVE LIMITED CONTROL AND WE CANNOT PROVIDE OR GUARANTEE COMPLETE SECURITY OF ALL INFORMATION AT ALL TIMES, YOUR POSTING OR TRANSMITTING OF PERSONAL INFORMATION IS DONE AT YOUR SOLE RISK.  If there is a breach in the security of our Site or Services that impacts or involves your personal information, we will contact you at your then-current email address.

GENERAL


Our Terms of Use includes our Privacy Policy and they collectively constitute the entire agreement between you and us, govern your use of the Site and Services and completely replace any prior agreements between you and us in relation to the same.  If any part of our Terms of Use or this Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  Our delay or failure to exercise or enforce any right or provision of our Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision.  If any provision of this Privacy Policy is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Privacy Policy remain in full force and effect. You agree that, except as otherwise expressly provided in our Terms of Use and Privacy Policy, there shall be no third-party beneficiaries to the same.  You agree that any claim or cause of action arising out of or related to our Terms of Use or Privacy Policy or the use of our Site or Service must be filed within one (1) year after the cause of action arose or it will be forever barred.

CONTACT INFORMATION

We welcome your questions or comments regarding this Privacy Policy or our Terms of Use, or if you wish to exercise any of your rights described above to know about what personal information we have collected about you, how such personal information has been used or shared, or to correct or delete your personal information, you may contact us at the following email address: info@niftyroyale.com.