Asynchronous Art, Inc. Privacy Policy

Version 1.0

Last updated June 30, 2020

Our Privacy Policy

This Privacy Policy of Asynchronous Art, Inc. (“Async,” “us,” “we,” and “our”) describes the information we collect about you when you access our website, use our services, send us communications, or otherwise engage with us, and what we do with such information. You may participate on the website, www.async.art (the “Site”), as a Collector, Applicant or Artist (as defined in the Terms of Use) (“Users,” “you,” or “your”). This Privacy Policy covers all of our services and all methods by which you may access our website (collectively, “Services”).

By connecting your Ethereum wallet (“Wallet”) to our website and utilizing our Services and website, you agree to the terms of our Privacy Policy and our Terms of Use located at https://async.art/terms. If you do not agree to the terms of our Privacy Policy, you cannot use our Services and should not access our website.

We understand that privacy is an important issue to you and we respect the privacy of our Users and aim to protect the security and confidentiality of PII about you that we acquire. Under applicable law you may have the right to limit some, but not all, sharing of your PII. The law may also require us to disclose to you how we collect, share and protect your PII.

PII Collected

We collect information about you when you provide it to us and when you use our services, request information or otherwise interact with our website. We also receive information about you from third-parties who you have authorized to disclose information about you in order to process commissions and royalties (“Fees”) received from third party platforms.

The PII we may collect includes:

  • Name, social media channels, link to an Artist’s portfolio;
  • Email address;
  • Username and avatar;
  • Public Ethereum address and Ethereum Name Service (“ENS”) domain name;
  • Feedback and correspondence, such as any emails, chat messages, or other communications you send to us via email or third party social media websites; and
  • Information which may be received from other sources with your consent.

Information that is associated only with you and identifies you as an individual is called Personally Identifiable Information (“PII”). This Privacy Policy does not apply to anonymized data as it cannot be used to identify you.

Other Information Collected

We also collect other information that does not uniquely identify you as an individual. This information is referred to as “Non-Personally Identifiable Information (“Non-PII”). We collect Non-PII when you interact with us and use our services. Examples of Non-PII that we collect includes information about how you use the Services such as device model, browser type, and referring website.

Information From Third Party Sources

From time to time, we may obtain information about you from third party sources such as third party exchange platforms in order to ensure that any royalties received by Async go to the relevant Artist.

We also receive information about you when you link a third-party service to our services. Such linkage may include interactions with our social media sites. Third-party sites are governed by their own privacy policies, and you should review those privacy policies before using those sites.

Use of Your PII

We use your PII in connection with our provision of services to you. We will also process your PII to meet our legitimate interests, for example to verify that you have access and control over a certain Wallet, to respond to your questions, to provide and maintain the Services, and to send you updates or notices regarding your bid. We may use your PII to send promotional and other information to you with your permission.

We will not use your PII for purposes other than those purposes we have disclosed to you, without your permission. You may opt out of having your PII shared with third parties, or from allowing us to use your PII for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your PII, certain features or Async services may not be available to you.

Sharing of Your PII

Async does not disclose PII relating to current or former customers to any third-parties, except to those who require access to the data in order to perform their tasks and duties, and to share with third parties who have a legitimate purpose for accessing it.

We do not sell, license, lease or otherwise disclose your PII to any third-party for any reason other than the purposes described below:

  • We may disclose or transfer information we collect to a purchaser of our business.
  • We may share your information with law enforcement, and officials, or other third-parties when we are compelled to do so by a subpoena, court order, or similar legal procedure, or when we believe in good faith that the disclosure of PII is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of any of our terms and conditions or any other applicable policies.

Other circumstances under which we may disclose your PII in order to:

  • Comply, as necessary, with applicable laws and regulatory requirements, as well as legal process;
  • Respond to mandatory legal or governmental requests or demands for information;
  • Enforce our agreements, policies, procedures and terms of use; and
  • Protect ourselves, our Users or the general public from illegal activities.

Third-Party Websites

We may have links to third-party websites on our website. Third-party websites have their own privacy policies, which are not under our control; we encourage you to review the privacy policies of all third-party websites you visit.

Use of Cookies

Async uses cookies in order to provide better service, to facilitate our customers’ use of our website, to track usage of the website, to collect data and to address certain security issues. When you access our website, we send the cookies to your computer or phone. Your computer or phone stores the cookie in a file located inside your web browser. The cookies help Async keep track of your visits to our website and your activity on our website and to understand how you interact with us.

We may link the information collected by cookies with other information we collect from you pursuant to this Privacy Policy and use the combined information as set forth herein. Similarly, the third parties who serve cookies on our site may link your name or email address to other information they collect, which may include past purchases made offline or online, or your online usage information.

You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. If you want to learn more about cookies, or how to control, disable or delete them, please visit https://www.aboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here

Async also uses Google Analytics. The following link explains how Google uses data when you use its partners’ websites and applications: www.google.com/policies/privacy/partners/. Your use of Async’s website is evidence of your consent to Async storing and accessing cookies and other information on your computer or phone and Async’s use of Google Analytics in connection with such activities. Please read the information at the link provided so you understand what you are consenting to.

Security

Async strives to ensure that our systems are secure and that they meet industry standards. We seek to protect PII that is provided to Async by third-parties and by you by implementing physical and electronic safeguards. Async endeavors to engage third-party service providers that have security and confidentiality policies, if such third-party service providers have access to our customer’s PII.

Despite our efforts to protect the security of your information, no security system is always effective and we cannot guarantee that our systems will be completely secure.

How You Can Request to Access, Change, or Erase Your Information

You are entitled to make requests regarding the processing and storage of your PII. Specifically, you may submit a request to us to take the following actions in relation to your PII that we hold:

  • Opt-out. You may request that we stop sending you direct marketing communications which you have previously consented to receive. We may continue to send you service-related and other non-marketing communications.
  • Access. You may request we provide you with information about our processing of your PII and give you access to your PII.
  • Rectify. You may request we update or correct inaccuracies in your PII.
  • Erase. You may request we erase your PII.
  • Export. You may request we transfer a machine-readable copy of your PII to you or a third party of your choice.
  • Restrict. You may request we restrict the processing of your PII.
  • Object. You may object to our reliance on our legitimate interests as the basis of our processing of your PII that impacts your rights.

You may do this at any time by emailing privacy@Async.art. Note that we may refuse to grant your requests in whole or in part as permitted by applicable law.

If you disconnect your Ethereum wallet from our website, you will no longer be able to place bids or upload artwork, but your profile information (username, avatar, social media channels, and portfolio links) will remain on our website and in our database for a period of time described below. This is necessary in order to prevent disruption to our Services. However, if you delete your profile, only your Wallet address will remain on our Site, and your PII will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.

Retention of PII

We will retain your PII as long as you continue to use the Services, have your Wallet connected to the Site, or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. Even after you disconnect your wallet or delete your profile, we can retain copies of information about you for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce our Terms of Use, Artist Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.

“Do Not Track” Policy

California law requires us to inform you how we respond to web browser Do Not Track (“DNT”) signals. Because no industry or legal standard exists for recognizing or honoring DNT signals, we do not respond to them at this time. This policy is subject to change as the privacy community and industry develop best practices for responding to DNT signals.

NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PII TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PII, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PII WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PII THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING PRIVACY@ASYNC.ART. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

When Do We Store, Transfer or Process PII Internationally?

Async has committed to meeting the requirements of local data protection laws, including EU law, to the extent required. If you are located outside of the U.S., please be aware that your PII will be transferred to, processed, and stored in our data servers located within the U.S., and you consent to the transfer of your information, including PII, to the U.S. as set forth in this Privacy Policy by visiting our website or using our Service.

Whenever we transfer your PII out of the EEA to the U.S. or countries not deemed by the European Commission to provide an adequate level of PII protection, the transfer will be based on a data transfer mechanism recognized by the European Commission as providing adequate protection for PII.

Changes to Async's Privacy Policy

Async reserves the right to make changes to this Privacy Policy. You should review our Privacy Policy frequently. Our Privacy Policy is available on our website, www.async.art. If we make material changes to our Privacy Policy, our revised Privacy Policy will be posted on our website and it will either be noted on our website that material changes have been made or we will notify our users by email. The date of the most recent update to our Privacy Policy will be set forth at the end of the Privacy Policy.

How to Get in Touch with Async about this Privacy Policy

This Privacy Policy is available on our website at www.async.art/privacy. If you have questions or concerns regarding this Privacy Policy, or if you have a complaint, you should first contact us either by emailing us at privacy@async.art or by writing to us at:

Asynchronous Art, Inc.,

649 Mission St, 5th Floor

San Francisco, CA 94105.

If you would like to submit a complaint about our use of your PII or response to your requests regarding your PII, you may contact us at privacy@async.art or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.