1. Personal information we collect.

Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:

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• Contact data, such as your first and last name, email and physical addresses, professional title and company name, and phone number.
• Profile data, such as your blockchain wallet address, login credentials that you may establish, preferences, and any other information that you add to your profile.
• Communications data based on our exchanges with you, including when you contact us through the Service or otherwise.
• Payment and transactional data such as information relating to or needed to complete your transactions on or through the Service, including transaction history and transaction fees.
• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third-party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

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• Public sources, such as public records, public blockchains, and other similar publicly available sources. We may collect data from activity that is publicly visible and/or accessible on blockchains, including blockchain addresses and information regarding purchases, sales, or transfers of NFTs.
• Private sources, such as social media platforms.
• Marketing partners, such as joint marketing partners and event co-sponsors.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

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• Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
• Location data when you authorize the Service to access your device’s location.

Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:

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• Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place. 
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications. ‍
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
• Session recorders, such as HotJar/FullStory, without access to personally identifiable information and sensitive data.

2. How we use your personal information.

We may use your personal information for the following purposes or as otherwise described at the time of collection:

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Service delivery and operations. We may use your personal information to:

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• provide, operate and improve the Service and our business;
• personalizing the service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service;
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
• communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
• understand your needs and interests, and personalize your experience with the Service and our communications; and
• provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and will not attempt to reidentify any such data.

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Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

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• Direct marketing. We may send you direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
• Interest-based advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. You can learn more about your choices for limiting interest-based advertising in section about Cookies.

Compliance and protection. We may use your personal information to:

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• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities;
• protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); 
• audit our internal processes for compliance with legal and contractual requirements or our internal policies; 
• enforce the terms and conditions that govern the Service; and 
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft. 

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. 

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Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the following purposes:

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• Technical operation. To allow the technical operation of the Service.
• Functionality. To enhance the performance and functionality of our services.
• Advertising. To help our third-party advertising partners collect information about how you use the Service and other online services over time, which they use to show you ads on other online services they believe will interest you and measure how the ads perform.
• Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.

3. How we share your personal information.

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

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Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

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Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe, which may use your data in accordance with its privacy policy, https://stripe.com/privacy.

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Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

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Other users and the public. Some of your personal information, such as transactions that are publicly visible or accessible on blockchains and any content that you may choose to create and/or share, may be visible to other users of the Service or the public. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

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Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

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Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above. 

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Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Lava, financing of Lava, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares), for example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of Lava as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

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Validators. Our platform includes a network of validators responsible for verifying and confirming transactions on our marketplace. Validators play a crucial role in maintaining the integrity, security, and consensus of the underlying blockchain networks. As a result, validators may have access to certain on-chain data related to the transactions they validate, including wallet addresses and transaction details. However, validators are subject to strict security and confidentiality measures and are prohibited from using or disclosing any on-chain data for purposes other than validating transactions and maintaining the blockchain network.

4. Your choices.

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.

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Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

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Cookies.  Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.

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Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

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• Browser settings. Changing your internet web browser settings to block third-party cookies.
• Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies. 
• Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
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  - Google: https://adssettings.google.com/
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  - Facebook: https://www.facebook.com/about/ads
• Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:
  
  - Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
  
  - Digital Advertising Alliance: optout.aboutads.info.  
  
  - AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.

You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.

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We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

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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” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

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Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

5. Other sites and services.

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

6. Security.

We employ certain technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

7. Legal rights.

GDPR Data Subject Rights

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If you are a data subject located in the EEA, the GDPR grants you certain data privacy rights. Your rights include the:

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Right to Access: You have the right to request a copy of your PII.

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Right to Rectification: You have the right to request that we correct any mistakes in your PII.

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Right to Erasure: You have the right to request that we delete your PII.

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Right to Restrict Processing: You have the right to restrict processing of your PII.

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Right to Object to Processing: You have the right to object to our processing or your PII.

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Right to Data Portability: You have the right to receive your PII in a structured, commonly used and machine-readable format.

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Right to Not be Subject to Automated Individual Decision Making: You have the right not to be subject to a decision based solely on automated processing.

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To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights are limited to the extent permitted by applicable law.

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CCPA, VCDPA, and US State-based Resident Rights

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Many US jurisdictions have enacted their own comprehensive data privacy laws that include detailed consumer rights. If you are a California or Virginia resident, the CCPA and VCDPA grant you certain data privacy rights. Your rights include the:

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Right to Access: You have the right to request a copy of the specific pieces of PII that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, we will disclose:

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The categories of PII we have collected about you;

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The categories of sources from which PII is collected;

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Our business purpose for collecting PII;

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The categories of third parties with whom we share PII, if any; and

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The specific pieces of PII we have collected about you.

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Right to Data Portability: You have the right to receive your PII in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.

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Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.

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Right to Deletion: You have the right request that we delete your PII.

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Right to Be Free from Discrimination: You have the right to not be discriminated against by us for exercising any of your rights under the CCPA and VCDPA. Unless permitted by the CCPA and VCDPA, we will not:

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Deny goods or services to you;

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Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

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Provide a different level or quality of goods or services to you; or

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Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

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To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by applicable law.

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Additional California Privacy Rights

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California’s “Shine the Light” law permits Users of the Service that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.

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8. International data transfer.

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

9. Children.

The Service is not intended for use by anyone under 16 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

10. Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

11. How to contact us.

• Email: [email protected]