Privacy Policy

    Last Updated: July 2022

    PLEASE READ THIS PRIVACY POLICY AND THE RELATED TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

    The Gamma.io website (the "Site") is operated by Gamma.io Inc., a Delaware corporation ("Gamma," "we", "us", or "our"). This Privacy Policy applies to your use of the Site and the content, features, functionality, and services offered on or through the Site, as described in our Terms of Use (collectively, the "Service").

    Gamma is committed to protecting your privacy. This Privacy Policy includes guidelines for protecting your information and, depending on your jurisdiction, describing your rights under applicable data protection laws. This Privacy Policy discloses what type of information is collected, the methods used to collect it, how we utilize the information to better serve all interested parties and the choices you have about the way your information is collected and used.

    Please read this Privacy Policy carefully. If you do not agree with our policies and practices, your choice is not to use our Service. By accessing or using the Service, you agree to this Privacy Policy. This Policy may change from time to time (see Changes to the Privacy Policy section below). Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

    For purposes of this Privacy Policy, "NFT" means a non-fungible token or similar digital item implemented on a blockchain (such as the Bitcoin blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

    1. What Information Do We Collect?

    We collect Personal Data and Anonymous Data as described below. For purposes of this Privacy Policy "Personal Data" means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing and "Anonymous Data" means data, including aggregated and de-identified data, that is not associated with or linked to your Personal Data. Anonymous Data does not, by itself, permit the identification of individual persons.

    a. Information You Provide Us.

    Account Information. You may, but are not required, to have a user account to use the Site or the Service. When you use our Service, update your account profile, create or update your user account, or contact us, we may collect Personal Data from you, such as email address, first and last name, user name, and other information you provide. We also collect your blockchain address, which may become associated with Personal Data when you use our Service.

    User Preferences. Our Service lets you store preferences like how your content is displayed, notification settings, and favorites. We may associate these choices with your blockchain address, browser, or mobile device.

    User Communications. If you provide us with feedback or contact us, we will collect your name and contact information, as well as any other content included in the message.

    Other User Provided Information. We may also collect Personal Data at other points in our Service where you voluntarily provide it or where we state that Personal Data is being collected. For instance, if you sign up for a sweepstake, when you make a purchase, complete a survey, subscribe to our newsletter or register for any portion of our Services, you are asked to provide information (e.g., your e-mail address, name or phone number).

    Providing us with Personal Data about yourself is voluntary, and you can always choose not to provide certain information; however, you may not be able to take advantage of or participate in some of the Site's features or our Service.

    b. Information Collected via Technology.

    As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    Information Collected by Our Servers. To provide our Service and make it more useful to you, we (or a third party service provider) collect information from you, including, but not limited to, your browser type, operating system, Internet Protocol ("IP") address, mobile device ID, blockchain address, wallet type, and date/time stamps.

    Log Files. We gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyze trends, administer the Service, track users' movements around the Service, and better tailor our Services to our users' needs. For example, some of the information may be collected so that when you visit the Service, it will recognize you and the information can be used to personalize your experience.

    Cookies. A cookie is a small file that asks permission to be placed on your computer's hard drive; you may control whether or not you permit the use of cookies. Cookies help us analyze web traffic and lets you know when you have visited a particular site. They allow us to respond to you as an individual. Our Site access is improved by identifying your likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used; this helps us analyze data about web page traffic and improve our Site. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer (as discussed in Section 8 below). Please note that if elect to not permit cookies this may prevent you from taking full advantage of our Service.

    Pixel Tag. In addition, we use "Pixel Tags" (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags allow us to analyze how users find our Service, make the Service more useful to you, and tailor your experience with us to meet your particular interests and needs.

    How We Respond to Do Not Track Signals. Our systems do not currently recognize "do not track" signals or other mechanisms that might enable users to opt out of tracking on our Site.

    Analytics Services. In addition to the tracking technologies we place like cookies and Pixel Tags, other companies may set their own cookies or similar tools when you visit our Service. This includes third-party analytics services ("Analytics Services") that we engage to help analyze how users use the Service. The information generated by the cookies or other technologies about your use of our Service (the "Analytics Information") is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity, which we may receive on an individual or aggregate basis. We use the information we get from Analytics Services to improve our Service. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on the behalf of the Analytics Services. Each Analytics Services' ability to use and share Analytics Information is restricted by such Analytics Services' terms of use and privacy policy. By using our Service, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.

    c. Information Collected from Third-Party Companies. We may receive Personal and/or Anonymous Data about you from companies that offer their products and/or services for use in conjunction with our Service or whose products and/or services may be linked from our Service. For example, third-party wallet providers provide us with your blockchain address and certain other information you choose to share with those wallets providers. We may add this to the data we have already collected from or about you through our Service.

    d. Public Information Observed from Blockchains. We collect data from activity that is publicly visible and/or accessible on blockchains. This may include blockchain addresses and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.

    2. How Do We Use This Data?

    We process your Personal Data to run our business, provide the Service, personalize your experience on the Service, and improve the Service. Specifically, we use your Personal Data to:

    • provide you with access to our Site and the Service;
    • enhance our Service;
    • improve the functionality and user-friendliness of the Service;
    • provide customer support and respond to your requests, inquiries, and feedback;
    • detect, prevent, and address fraud, violations of our terms or policies, including this Privacy Policy and the Terms of Use, and/or other harmful or unlawful activity;
    • display your username next to the NFTs currently or previously accessible in your third-party wallet, and next to NFTs on which you have interacted;
    • send you administrative notifications and security, support, and maintenance advisories;
    • send you notifications related to actions on the Service, including notifications of offers on your NFTs;
    • send you newsletters, promotional materials, and other notices related to our Services or third parties' goods and services (subject to your preferences discussed in Section 8(a) below);
    • comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law, and/or to pursue or defend against legal threats and/or claims; and
    • act in any other way we may describe when you provide the Personal Data.

    We may create Anonymous Data records from Personal Data. We use this Anonymous Data to analyze request and usage patterns so that we may improve our Services and enhance Service navigation. We reserve the right to use Anonymous Data for any purpose and to disclose Anonymous Data to third parties without restriction (subject to applicable law, if any).

    3. How Long Do We Keep Your Data?

    We keep your data if it is necessary to process your requests, operate our business and provide our Service, or as long as we are legally required to do so. For as long as we have your data, we will continue to protect the privacy and security of such data consistent with the Privacy Policy.

    4. How Do We Protect Your Information?

    We take precautions to protect your personal information, including reasonable physical, administrative, and technical safeguards to preserve the integrity and security of information collected through our Service. When you submit personal information via our Site and Service, your personal information is transmitted using secure sockets layer (SSL) encryption technology. We restrict access to your personal information to our authorized personnel and/or third-party providers as appropriate and necessary to provide our Site and products.

    The safety and security of your information also depends on you. You are responsible for the security of your digital wallet, and we urge you to take steps to ensure it is and remains secure. If you discover an issue related to your wallet, please contact your wallet provider. Additionally, if you create an account through our Site, you are responsible for keeping your user credentials confidential. We ask you not to share your passwords or secret keys with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted using the Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

    5. Do We Share Your Information?

    We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

    a. Third-Party Service Providers. We may share your Personal Data with third party service providers to: provide technical infrastructure services; conduct quality assurance testing; analyze how our Service is used; prevent, detect, and respond to unauthorized activities; provide technical and customer support; and/or to provide other support to us and to the Service.

    b. Affiliates. We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under our common control ("Affiliates"), in which case we will require our Affiliates to honor this Privacy Policy.

    c. Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

    d. Legal Requirements. We may have to share your Personal Data to comply with any court order, law, or legal process, including to respond to any government or regulatory request.

    e. Other Disclosures. We may also disclose your Personal Data to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide it, or with your consent.

    We do not sell or share your personal information with any unaffiliated third party for marketing purposes.

    6. Links to Third-Party Websites.

    Our Service may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Service and go to another site, and another entity may collect Personal Data from you. We have no control over, do not review, and cannot be responsible for these third-party websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these third-party websites or their content, or to any collection of your Personal Data after you click on links to such third-party websites. We encourage you to read the privacy policies of every website you visit. Any links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content, or websites.

    7. Third-Party Wallets.

    To use our Service, you must use a third-party wallet (e.g., Hiro) which allows you to engage in transactions on public blockchains. Your interactions with any third-party wallet provider are governed by the applicable terms of service and privacy policy of that third party.

    8. Your Choices Regarding Information.

    You have several choices regarding the use of information on our Services:

    a. Email Communications. We may periodically send you newsletters and/or emails that directly promote the use of our Service or third parties' goods and services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving these communications from us by following the unsubscribe instructions provided in the email you receive or through the "Notifications" preferences in your Settings page. Despite these preferences, we may send you occasional transactional service-related informational communications.

    b. Cookies. If you decide at any time that you no longer wish to accept cookies from our Service for any of the purposes described above, you can change your browser's settings to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.

    9. Your Rights.

    You can view, access, edit, or delete your Personal Data for certain aspects of the Service via your Settings page. Depending on where you live, you may have certain legal rights under applicable law, including but not limited to, the European and UK General Data Protection Regulations ("GDPR") and the California Consumer Privacy Act ("CCPA"). For example, you may have the following rights:

    • Right to limit – means you can ask us to restrict or stop processing your Personal Data, if it not necessary for the purpose you provided it to us.

    • Right to access – means you can ask us for a copy of any Personal Data we have about you, if any.

    • Right to correct – means you may ask us to change and/or correct any Personal Data we have about you.

    • Right to delete – means you may ask us to delete any Personal Data we have about you and we will be happy to do so unless we are required to retain such information by law or regulation, or we have a right to retain subject to a user agreement for our internal business purposes.

    • Right to transfer – means you may request a copy of your Personal Data, in a commonly used and machine-readable format, be provided to you or to a third party you specify.

    You may contact us at any time about any of these rights or any concern or question you have about our use of your Personal Data. If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us at privacy@gamma.io, specify your request, and reference the applicable law. We may ask you to verify your identity, or ask for more information about your request. We will consider and act upon any above request in accordance with applicable law. We will not discriminate against you for exercising any of these rights. Please note that if you choose to delete your information or opt-out of the collection and use of your information, certain features of our Service or the Site may no longer be available to you.

    Notwithstanding the above, we cannot edit or delete any information that is stored on a blockchain (e.g., the Bitcoin 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.

    10. Protection of Children.

    Our Site is not intended for children under the age of 13 (or 16 where applicable). We do not knowingly collect information from children under the age of 13 (or 16 where applicable). No one under the age of 13 (or 16 where applicable) may provide any information to or on the Site. If you are under the age of 13, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 13 (or 16 where applicable) without verification or parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13 (or 16), please contact us at privacy@gamma.io and provide us sufficient detail to enable us to delete that information from our databases.

    11. Consent TO Processing in the United States.

    This Site is operated in the United States.

    By providing any information to Gamma, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Policy. By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

    Personal Data is processed according to the provisions of this Privacy Policy and the requirements of applicable law wherever the data is located. If you are located outside of the United States, please be aware that data protection laws in the United States may differ from those of the country in which you are located, and your Personal Data can be subject to access requests from governments, courts, or law enforcement in the United States in accordance with and subject to the laws of the United States.

    12. International Transfers.

    Although our systems are generally located in the United States, we may also locate systems in other locations where we or our service providers maintain facilities. The storage location(s) are chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of a server outage or security incident. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By using the Site and providing Personal Data, you expressly consent to any transfer of information outside of your country.

    13. Changes to This Privacy Policy.

    We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the "Last Updated" date located at the top of this Privacy Policy.

    For changes to this Privacy Policy that we consider to be material, we will notify you through a notice on the Site's homepage requesting a click-through consent. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes.

    14. Questions; Contacting Gamma; Reporting Violations.

    If you have any questions, concerns, or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us by using the "Submit a request" link here or at privacy@gamma.io.