Privacy Policy

Last updated – May 30, 2024


This Privacy Policy describes the privacy practices of  Foundation Labs, Inc. (“Foundation,” “we,” “us,” or “our”) and how we handle personal information that we collect through and in connection with (i) our website, platform, and marketplace located at https://foundation.app/, which provides a platform for purchasing, selling, transferring, managing, and browsing Digital Artwork, our mobile applications, and any other website or service that we own or control and that links to this Privacy Policy (collectively, the “Service” or “Services”).

This Privacy Policy explains what personal information we collect, how we use and disclose that information, and your choices concerning our information practices. Foundation is responsible for the processing of your personal information under this Privacy Policy. 

Before using the Service or submitting any personal information to Foundation, please review this Privacy Policy carefully and contact us if you have any questions. 

Please see our linked Privacy Snapshot below for a high-level overview of our privacy practices.

1. Personal Information Collection

Personal Information You Provide: We collect the following categories of information from you:

  • Identification Information: We collect your name, username, email address, avatar/profile image, biography, digital wallet address, and any other information you directly provide us on or through the Services.

  • Communication Information: We may collect information when you contact us with questions or concerns and when you voluntarily respond to questionnaires, surveys or requests for market research seeking your opinion and feedback.

  • Commercial Information: We may retain a history of the Digital Artwork or Art Content or other content you browse, sell, purchase and/or mint using the Service.

  • Content, including photos, images, videos, posts, artwork, and other content or information that you generate, transmit, or otherwise make available on the Services, and information that users can add to their content, such as title and description.

  • Social Media Information: We maintain a social media presence on platforms like Instagram, Twitter, and LinkedIn. When you interact with us on social media, we may receive personal information that you provide or make available to us based on your settings, such as your profile information. We also collect any social media profile information you provide us.

Information Collected Via Automated Means: When you visit, use, and interact with the Service, we may automatically log the following information: 

  • Device Information: The manufacturer and model, operating system, browser type, IP address, and unique identifiers of the device you use to access the Service. The information we collect may vary based on your device type and settings. 

  • Usage Information: Information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency, and duration of your activities.. In particular, we use Amplitude analytics services, provided by Amplitude, Inc. This tool collects technical information, such as the type of your device. In addition, Amplitude tracks location data (e.g. country) and internal data (e.g. language, server upload time, session ID) that occur when using our Services. Amplitude helps us understand how you use our Services so we can improve your user experience. For more information about Amplitude’s privacy practices, click here.

  • Location Information: We may derive a rough estimate of your location from your IP address when you visit the Service. 

  • Email Open/Click Information: We may use pixels or other technology in our email campaigns that allow us to collect information about how you interact with our email campaigns, such as the date and time you open an email or the links you click within emails.

We may use the following technologies to collect Internet Activity Information:

  • Cookies, which are text files stored on your device to uniquely identify your browser or to store information or settings in the browser to help you navigate between pages efficiently, remember your preferences, enable functionality, and help us understand user activity and patterns.. 

  • Local storage technologies, like HTML5 and pixels, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

Information We Obtain From Other Sources:

  • Personal Information We Collect from Publicly Available Sources: We may collect identification information about you from publicly available blockchain networks, such as the Ethereum blockchain.

Third-party Login Information: When you link, connect, or log in to our Services with a third-party service (e.g., Google) or a third-party software cryptocurrency wallet, you may direct the service to send us information controlled by that service or as authorized by you via your privacy settings on the third-party service.

2. Personal Information Use

We use your personal information for the following purposes:

Service Delivery, including to:

  • Provide, operate, maintain, and secure the Service;

  • Create, maintain, and authenticate your account; and 

  • Process transactions.

Communicating with You, including to: 

  • Send you updates about administrative matters such as changes to our terms or policies, and notifications about minting of your posts or earnings; and

  • Provide user support, and respond to your requests, questions and feedback.

Service Improvement, including to: 

  • Improve the Service and create new features; 

  • Personalize your experience; and 

  • Create and derive insights from de-identified and aggregated information. 

Direct Marketing: To send you marketing communications, including notifying you of special promotions, offers and events via email and other means.

Compliance and Protection, including to:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;

  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);

  • Audit our compliance with legal and contractual requirements and internal policies; and

  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

We generally only use your personal information to perform our contractual obligations to you, or where it is necessary for our commercial interests, your interests or the interests of a third party and we have checked that this is not unfair to you. However, where we send you direct marketing communications or process your personal information through the use of cookies (or similar technologies) as described above, we will do this with your consent if a law that applies to you says that we have to. Where we seek your consent, you may withdraw your consent at any time.

3. Personal Information Disclosure

Our Disclosure: We may disclose personal information to:

  • Service Providers, including hosting services, email services, marketing services, payment processors, customer support services, and analytics services.

  • Professional Advisors, such as lawyers and accountants, where doing so is necessary to facilitate the services they render to us. 

  • Business Transaction Recipients, such as counterparties and others assisting with a merger, acquisition, financing, reorganization, bankruptcy, receivership, dissolution, asset sale, or similar transaction, and with successors or affiliates as part of or following that transaction.

  • Government Authorities, where required to do so for the Compliance and Protection purposes described above.

  • Affiliates, including our current and future affiliates, meaning any entity that controls, is controlled by, or is under common control with Foundation. Our affiliates may use the personal information we disclose in a manner consistent with this Privacy Policy.

  • Complainants: If you are a Creator, we may, at our sole discretion, disclose your personal information to individuals who claim that your Digital Artwork or Art Content may infringe their intellectual property and other proprietary rights.

Your Sharing: 

  • Your transactions through the Service, including any post that you create or mint, will be recorded on the blockchain and associated with your wallet ID. Due to the nature of blockchain technologies, you will not be able to delete information stored on the blockchain or control who has access to it.

  • Any data that you include on your profile and any social action (such as follows, shares or mints) you take on the Service will be seen by other users of the Service, consistent with your settings.

International Sharing: We are located in the United States, hold your personal information in the United States and generally share your personal information with our service providers in the United States. Please rest assured that where we share your personal information with any other parties, we ensure that any safeguards required under your local law (e.g. contracts or assessments which include special data transfer protections) are in place for such transfers. You can contact us at any time to find out more about these safeguards as described in the “Contact Us” section below.

4. Personal information retention

We generally retain your personal information only for as long as necessary to provide the Services and to do what we’ve communicated in this Privacy Policy. This will generally be for the duration of time you use the Services or interact with us, however, there may be situations where we retain your personal information for a longer or shorter period. When determining the relevant retention periods for your personal information, we consider any permissions you give us with regards to your personal information; our contractual obligations and rights in relation to the personal information involved; our legal obligation(s) under relevant laws to retain data for a certain period of time; our legitimate business and commercial interests; whether retention is advisable in light of our legal position (e.g., statute of limitations, investigations, litigation, and other potential and actual disputes); and any guidelines issued by relevant data protection authorities.

5. Children

Our Service is not directed to children who are under the age of 16. Foundation does not knowingly collect personal information from children under the age of 16. If we learn that we have collected personal information from a child under the age of 16 without the consent of the child’s parent or guardian as required by law, we will delete that information.

6. Links to Other Websites

The Service may contain links to other websites not operated or controlled by Foundation, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies. 

7. Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information and you use the Service at your own risk.

8. Your Choices

Update or Correct Personal Information: You can contact us and request any updates or corrections needed to keep your personal information accurate, current, and complete. 

Opt Out of Marketing Communications: You may opt out of marketing communications by following the unsubscribe instructions in any marketing email we send you. Please note, however, that you may continue to receive communications as described in the Communicating with You section after opting out of marketing communications.

Personal information requests. Where applicable, you may have the following data subject rights in relation to your personal information:

  • Information about how we have collected and used personal information. We have made this information available to you by including it in this Privacy Policy.

  • Access to a copy of the personal information that we have collected about you. Where applicable, you can also ask us for portability of this personal information (i.e. to provide personal information in a portable, machine-readable, readily usable format to you or another third party you designate).

  • Correction of personal information that is inaccurate or out of date.

  • Deletion of personal information that we no longer need to provide the Service or for other lawful purposes.

  • Objection to us processing your personal information where we rely on our legitimate business interest to do so (see above) or for any direct marketing purposes (e.g. to send you newsletters or promotional emails).

  • Opt out of the processing of your personal information for purposes of targeted advertising, sale of personal information, or “profiling” in connection with decisions that produce legal or similarly significant effects. We do not sell or process your personal information for targeted advertising purposes, and we do not engage in profiling in connection with decisions that produce legal or similarly significant effects.

  • Additional rights, such as to request that we restrict our use of your personal information, and where applicable, you may withdraw your consent to our processing of your personal information. This won’t affect anything we have used your personal information for before you withdraw your consent.

  • Appeal our denial of your personal information request by contacting us as set out in the “Contact Us” section below.

To make a request, please email us or write to us as provided in the “Contact Us” section below. We may ask for specific information from you to help us confirm your identity. Depending on where you reside, you may be entitled to empower an authorized agent to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

Limits on your choices: In some instances, your choices may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. Please note that, due to the nature of blockchain technology, we will not be able to delete information stored on the blockchain..

9. Changes to the Privacy Policy

The Service and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by applicable law. By continuing to use our Service or providing us with personal information after we have posted an updated Privacy Policy, or notified you by other means if applicable, you acknowledge the revised Privacy Policy and the practices described in it.

10. Contact Us

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: [email protected].

Privacy Snapshot

Linked here is a high-level snapshot of how we collect, use, and disclose your personal information when you use the Service, but you need to read the entire Privacy Policy for complete information.

*As described further in our Privacy Policy, we may disclose all categories of personal information to our service providers, affiliates, and professional advisors for the purposes described in the Privacy Policy. We also may disclose personal information to authorities and others for legal and compliance purposes, and to business transferees in the context of an acquisition or the sale of our business or another corporate transaction.