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Privacy Policy

Last updated – September 22, 2022

Welcome

Welcome to the website (the “Site”) of Foundation Labs, Inc. (“Foundation,” “we,” “us,” or “our”). Foundation provides a platform for purchasing, selling, transferring, managing, and browsing Digital Artwork (collectively, including the Site, the “Service”).

This Privacy Policy explains what personal information we collect, how we use and share that information, and your choices concerning our information practices. 

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. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service. This Privacy Policy is incorporated into and forms part of our Terms of Service, located at https://foundation.app/terms. Capitalized terms not defined in this Privacy Policy have the meanings assigned to them in the Terms of Service.

1. Personal Information Collection

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

  • Identification Information: We collect your name, email address, 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 you browse, sell, and/or purchase using the Service.

  • 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 directly provide us.

Internet Activity Information: 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. We use Google Analytics, a web analytics service provided by Google LLC (“Google”) to help collect and analyze Usage Information. For more information on how Google uses this information, click here.

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

  • Email Open/Click Information: We may use pixels or other technology in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in 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, help us understand user activity and patterns, and facilitate online advertising. 

  • Local storage technologies, like HTML5, 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.

  • 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.

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.

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

  • 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. 

Marketing and Advertising, including for:

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

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.

3. Personal Information Sharing

Our Sharing: We may share personal information with:

  • Service Providers, including hosting services, email services, advertising and 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: We may share personal information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with Foundation. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.

  • Complainants: If you are a Creator, we may, at our sole discretion, share your personal information with 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 will be recorded on the blockchain and associated with your wallet ID.

4. 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.

5. 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. 

6. 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.

7. 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.

8. 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 consent to the revised Privacy Policy and the practices described in it.

9. 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]