Privacy Policy
Effective as of 2/1/2023
Art Blocks Inc. is a platform for artists to publish unique, generative artworks on the blockchain, such as the Ethereum Blockchain. We are committed to protecting your privacy rights so that you can focus on this emergent art form.
This Privacy Policy describes how Art Blocks Inc. (“[Company]”, “we”, “us”, or “our”) collects, uses and shares your personal information if you visit https://artblocks.io or our other websites or services that link to this Privacy Policy (collectively, the “Services”), contact us, receive our communications or attend our events. If you have any questions or concerns about how Art Blocks interacts with your information or about this Privacy Policy, please email us at privacy@artblocks.io. For more information on how to exercise your privacy rights, you can read more below. You can read our prior privacy policies here
Changes in This Update
It is important to us that you clearly understand how we interact with your information and what privacy and data protection rights you have been granted by law. You can read our prior Privacy Policies here.
Table of Contents:
# Personal Information We Collect
Information you provide to us. Personal information you provide to us through the Services may include:
Contact information and identifiers, such as your first and last name, email address, phone number, professional title, and organization name.
Profile information, such as your wallet address, username, and any account preferences for the Services.
Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us.
Usage information, such as information about how you use the Services and interact with us, including information you provide when you use any interactive features of the Services.
Marketing information, such as your preferences for receiving communications about our products, activities, and publications, and details about how you engage with our communications.
Payment information, such as your Ethereum wallet address.
Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Information we obtain from social media platforms. We may maintain pages for Art Blocks on social media platforms, such as Discord, Medium, Facebook, Twitter, and LinkedIn. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use, and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy. You can read more about your privacy choices for social media networks and other third-party platforms
Information we obtain from other third parties. We may receive personal information about you from third-party sources, such as marketing partners, publicly-available sources, and data providers.
Cookies and Other Information Collected by Automated Means
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model; device identifier; browser type; screen resolution; IP address; the website you visited before browsing to our website; general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
See our Cookie Policy for more information.
# How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
To operate the Services. We use your personal information to:
provide, operate, and improve the Services;
establish and maintain your user profile on the Services;
facilitate social features of the Services, such as our blog
communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages;
understand your interests and personalize your experience with the Services;
provide support and maintenance for the Services; and
respond to your requests, questions and feedback.
For research and development. We analyze use of the Services to improve the Services and to develop new products and services.
To send you marketing and promotional communications. We may send you marketing communications as permitted by law. You can opt out of our marketing and promotional communications as described below.
To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Services; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.
With your consent. In some cases we may specifically ask for your consent to collect, use, or share your personal information, such as when required by law.
To create anonymous data. We may aggregate and deidentify data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
# How We Share Your Personal Information
We do not share your personal information with third parties without your consent, except in the following circumstances or as otherwise described in this Privacy Policy:
Affiliates. We may share your personal information with our corporate subsidiaries and affiliates for purposes consistent with this Privacy Policy.
Service providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as authorized by their contracts with us.
Partners. We may sometimes share your personal information with business partners or enable them to collect information directly via our Services. See our Cookie Policy for more information about third parties that collect information through our Services with cookies and similar technologies.
Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by connecting your account with a third party to the Services or sharing content via a third-party platform), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information.
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.
Government Requests. Notwithstanding anything to the contrary in this policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, or legal request or to protect the safety, property, or rights of Art Blocks Inc. or others. However, nothing in this policy is intended to limit any legal defenses or objections that you may have to a third party or government request to disclose your information.
Business transfers. We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a (potential) business transaction such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
No Sale or Leasing of Your Information. Except as described in “How we Share Your Personal Information” section of this privacy policy, we will not disclose your personal information to third parties without your consent. We will not sell or lease your personal information to any third party.
No Sharing of Demographic Information. If you provide demographic information to Art Blocks, we will use that information only for internal purposes. We will never sell or share demographic information to third parties, unless it has been anonymized or deidentified.
# Data on the Blockchain
Please note, we have no ability to edit, delete, or modify any information that is stored on a blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.
# Your Choices
In this section, we describe the rights and choices available to all users. Users who are located within Europe can find additional information about their rights below.
Access or update your information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into your account.
Opt out of marketing communications. You may opt out of marketing emails by following the unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails.
Cookies & browser web storage. For information on how to disable cookies and similar technologies used in the Services, see our Cookie Policy.
Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the Services. We will tell you what information you must provide to receive the Services by designating it as required at the time of collection or through other appropriate means.
Third-party platforms or social media networks. If you choose to connect to the Services via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third party at the time you connect your third-party account to the Services. Subsequently, you may be able to control your settings through the third-party platform. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party.
# Other Sites, Mobile Applications, and Services
The Services may contain links to, or content or features from, other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.
# How We Protect Your Information
The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect from accidental or unlawful destruction, loss, unauthorized disclosure, or access. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any transmission is at your own risk.
# Employment Applications
The Service contains a Careers section that allows you to apply for employment at Art Blocks. These employment services are not hosted by Art Blocks, instead they are administered by Lever Inc. (“Lever”), our service provider. Lever collects a variety of information, including your contact information, job qualifications, and other information that you chose to share in your application. Any information that Art Blocks collects from Lever in connection with your application for employment at Art Blocks is handled consistently with this Privacy Policy. Art Blocks will use and share your information only for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, and to comply with legal requirements. Art Blocks has a legal agreement with Lever that governs the processing, access, use, and sharing of this information to only as necessary to perform functions as directed by Art Blocks.
# California Privacy Rights
For rights under the California Consumer Privacy Act and the amendments to it enacted by the Consumer Privacy Rights Act (CCPA), if applicable, please see our separate policy. This section covers California rights other than CCPA.
Shine Your Light Law. Under California law, California residents are entitled, once per calendar year, to ask us for a notice identifying the categories of personal customer information that we share with certain third parties for the third parties' direct marketing purposes, and providing contact information (i.e., names and addresses) for these third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at privacy@artblocks.io or via this form. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com. This is distinct from our response to opt-out signals under the California Consumer Privacy Act, which is addressed in our California privacy notice.
# International Data Transfers
We are headquartered in the United States and may have service providers in other countries, and your personal information may be transferred outside of your state, province, or country to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
# Children’s Privacy
The Services are not directed to, and we do not knowingly collect personal information from, anyone under the age of 16. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to contact us.
# Changes to this Privacy Policy
We may amend this Privacy Policy at any time by posting the amended version on the Services and indicating the effective date of the amended version. We may announce any material changes to this Privacy Policy through the Service and/or via email if we have your email address. In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your assent to the amended Privacy Policy.
# How to Contact Us
If you have any questions or comments about this Policy or Art Blocks’ privacy practices, email us at privacy@artblocks.io. You may also write to us via postal mail at:
Art Blocks Inc. Attn: Privacy / Legal P.O. Box 146, Marfa, Texas 79843
# State and Region Specific Information and Rights
# 1. California
# 2. European Economic Area and UK Residents
# 1. California Privacy Notice
Effective January 1, 2023
This privacy notice (“Notice”) describes how Art Blocks Inc. (collectively, “Art Blocks”, “we”, “us” and “our”) collect, use and share personal information about California residents in and their rights with respect to that information.
1. Scope.
This Notice applies only to “personal information”, as defined in the California Consumer Privacy Act of 2018 as amended including by CPRA (the “CCPA”), that we collect to the extent we qualify as a “business” as defined in the CCPA, but does not apply to personal information excluded from the scope of the CCPA. This Notice does not apply to you if you are not a California resident or you are otherwise not entitled to a notice under CCPA. In addition, this Notice does not apply to personal information covered by a different privacy notice that we give to California residents, such as the privacy notices we give to our California employees and job candidates. Sections 2-5 of this Notice describe our practices currently and during the twelve months preceding the effective date of this Notice.
2. Personal Information We Collect
| Category of personal information | Purposes of use | Categories of Third parties to which Art Blocks discloses this personal information | Categories of third parties to which Art Blocks “Shares” & “Sells” this personal information for advertising or analytics purposes |
| Contact and account information | Provide the Services; Communicate with you and provide support; Business operations; Marketing and content customization; Legal purposes | Service providers; Affiliates; Online analytics providers; Entities for legal purposes; Entities for business transactions, with your consent | Shared with online analytics partners. \ We do not sell. |
| Financial and transactional information | Provide the Services; Communicate with you and provide support; Business operations; Marketing and content customization; Legal purposes | Service providers; Affiliates; Entities for legal purposes; Entities for business transactions, with your consent | We do not share or sell. |
| Customer service interaction information | Provide the Services; Communicate with you and provide support; Business operations; Legal purposes | Service providers; Affiliates; Entities for legal purposes; Entities for business transactions, with your consent | We do not share or sell. |
| User-generated content | Provide the Services; Communicate with you and provide support; Business operations; Marketing and content customization; Legal purposes | Service providers; Affiliates; Entities for legal purposes; Entities for business transactions, with your consent | Online analytics partners |
| Employment application information | Recruiting and human resource purposes | Service providers; Affiliates; Entities for legal purposes; Entities for business transactions, with your consent | We do not share or sell. |
| Information collected through automated means | Provide the Services; Business operations; Marketing and content customization; Legal purposes | Service providers; Affiliates; Online analytics providers; Entities for legal purposes; Entities for business transactions, with your consent | Online analytics partners. |
3. How We Use Personal Information
We may also use personal information for other purposes consistent with the Notice or that are explained to you at the time of collection of your personal information.
4. How We Disclose Personal Information
We may disclose for business purposes all of the categories of personal information described above with the following categories of third parties:
Affiliates. Our affiliates, for purposes consistent with this Notice or to operate shared infrastructure, systems and technology.
Service providers. Companies that provide us with services that help us provide services or operate our business, such as IT and software services, mailing services, marketing services, event management services, cyber security services, and office security services.
Government entities and law enforcement. Government authorities, law enforcement, courts, and others [as described in the compliance and protection section above].
Corporate transaction participants. Parties to transactions and potential transactions for the sale, transfer or licensing of a portion or all of our business or assets, including your personal information, such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.
Professional advisors. Our lawyers, accountants, bankers, and other outside professional advisors in the course of the services they provide to us.
Other. We may also share personal information with other categories of third parties with your consent or as described to you at the time of collection of your personal information.
5. Selling or Sharing Personal Information.
No Sales or Sharing. We do not “sell” or "share" your personal information as defined in the CCPA.
6. Minors
Art Blocks Inc. is not directed to children, and we don’t knowingly collect personal information from children under the age of 16; accordingly we don’t knowingly share the personal information from children under the age of 16 for cross-context behavioral advertising nor do we sell that information. If we find out that a child under 16 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 16 has given us personal information, please contact us at: legal@artblocks.io.
7. Sensitive Personal Information.
Art Blocks does not use or disclose sensitive personal information other than to provide you the Art Blocks Platform and as permitted by California law. Art Blocks does not sell or share sensitive personal information for the purpose of cross-context behavioral advertising.
8. De-identified Information.
Personal information does not include information that is de-identified. When we receive or use de-identified information, we maintain it in de-identified form and do not attempt to re-identify the information.
9. Retention of Personal Information.
We retain your information for as long as necessary to provide you and our other users the Art Blocks service. This means we keep your profile information for as long as you maintain an account. We retain public transactional information such as transaction identifiers, wallet information, and pricing details for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce our terms and policies.
10. Exercising Your Rights
California law provides some California residents with the rights listed below. To exercise these rights see the “Exercising Your California Privacy Rights” section below.
Right to Know. You have the right to know and see what personal information we have collected about you, including:
The categories of personal information we have collected about you;
The categories of sources from which the personal information is collected;
The business or commercial purpose for collecting or sharing your personal information;
The categories of third parties with whom we have disclosed your personal information; and
The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same).
Right to Correct. You have the right to request that we correct inaccurate personal information.
Right to Opt Out of Sharing. You have the right to opt out of the sharing of your personal information to a third party for cross-context behavioral advertising.
Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.
Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other privacy rights under California law, please contact us at privacy@artblocks.io or via this form available on our website at https://artblocks.io to exercise your CCPA rights. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any request in accordance with applicable law. We will not discriminate against you for exercising these rights.
Verification of Your Identity. To respond to some rights we may need to verify your request by providing information about yourself or your account. If you do not have an account with us, additional information to verify your identity may be required by law before we may take action upon a request. This additional information may vary depending on the nature of your request and the nature of the information you are requesting. In some cases, we may also be required by law to obtain a signed declaration under penalty of perjury from you attesting that you are the subject of the request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic.
You may designate an authorized agent to make a request on your behalf pursuant to applicable law. We accept documentation of your designation in the form of a valid power of attorney or a notarized statement. We may require verification of your authorized agent in addition to the information for verification above for consumers and households.
Response Timing and Format. We aim to respond to a consumer request in relation to these rights within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
Use of Verification Information. Information that you submit for the purpose of allowing us to verify your identity in furtherance of a consumer-related or household-related request pursuant to California law will only be used by us, and our service providers if any, for that purpose and no other. Except where we are required by or advisable under law to maintain this information for record-keeping purposes, we will take steps to delete any new personal information collected for the purpose of verification as soon as practical after processing your request.
Exceptions. Please also be aware that making a request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and in some circumstances the law does not require or allow us to fulfill your request. This may occur where fulfilling your request may infringe upon the rights and freedoms of other consumers.
Request Fees. We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a consumer or household that are manifestly unfounded or excessive, in particular because of their repetitive character.
# 2. Notice to European Users
The information provided in this section applies only to individuals in the European Economic Area and United Kingdom (collectively, “Europe”).
Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller and Representative. Art Blocks Inc. is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation.
Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. However, the legal bases we typically rely on are set out in the table below. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at privacy@artblocks.io.
| Processing purpose (click link for details)
Details regarding each processing purpose listed below are provided in the section above titled “How We Use Your Personal Information”. | Legal basis |
| To operate the Services | Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. If we have not entered into a contract with you, we process your personal information based on our legitimate interest in providing the Services you access and request. |
|
For research and development
To send you marketing communications For compliance, fraud prevention and safety To create anonymous data | These activities constitute our legitimate interests. |
| To comply with law | Processing is necessary to comply with our legal obligations. |
| With your consent | Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services. |
Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.
Sensitive personal information**.** We ask that you not provide us with any sensitive personal information (e.g., social security number, government-issued identification, payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us.
Retention
We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
[NOTE RE GDPR: The GDPR makes explicit that personal data should be stored no longer than necessary, unless maintained for historical, archival, research, or statistical purposes. For each processing activity and lawful basis of processing, then, a retention plan must be in place. This will likely require detail beyond the scope of the broad-based privacy policy.]
Your rights
European data protection laws give you certain rights regarding your personal information. If you are located within Europe, you may ask us to take the following actions in relation to your personal information that we hold:
Access. Provide you with information about how we process your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information.
Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
Restrict. Restrict the processing of your personal information.
Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
Please contact us to submit these requests. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any request in accordance with applicable law. We will not discriminate against you for exercising these rights. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.
Please note, we have no ability to edit, delete, or modify any information that is stored on a blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address.
Cross-Border Data Transfer
If we transfer your personal information from the European Economic Area to a country outside of it and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.
