DUBYA LABS







PRIVACY POLICY



Last Updated: MAY 12, 2024


This Privacy Policy is designed to help you understand how Dubya Labs, Inc. (collectively with any subsidiaries, called “Dubya Labs,” “we,” “us,” and “our”) collects, uses, and shares your personal information and to help you understand and exercise your privacy rights.



1. SCOPE

This Privacy Policy applies to personal information processed by us, through our websites, mobile applications, games that we operate, and any other services or interfaces owned or controlled by Dubya Labs that link to this Privacy Policy (each a “Service” and together, the “Services”). For the avoidance of doubt, Dubya Labs does not control the blockchain protocol (“Protocol”) on which various fungible tokens and non-fungible tokens (“NFTs”) are tradable or useable and cannot control activity and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol.


2. CHANGES TO OUR PRIVACY POLICY

We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. We encourage you to periodically review this privacy statement to learn how Dubya Labs is protecting your information. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.


3. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect personal information that you provide to us, personal information we obtain automatically when you use our Services, and personal information from other sources such as third-party services and organizations, as described below.


A. Information You Provide to Us Directly

We may collect the following personal information that you provide to us.

Account Creation. We may collect personal information when you create an account with us or our service providers (e.g., Shopify), such as name, phone number, time zone, and email address. We may also collect additional personal information, such as your shipping address if you purchase merchandise from us.

Purchases, Wallet and Transaction Information. In order to engage in certain transactions or purchases on the Services, you may need to provide us or our third-party payment processors with your payment information and allow us to connect to your digital wallet by providing us with your public wallet address. We will never ask you or collect your private keys. We do not directly collect or store any payment card information entered through our Services or access your digital wallet, but we may receive from our third-party payment processing providers information associated with your payment card information (e.g., your billing details). We may also collect your name, the name of the recipient, email address, the currency and the date as part of the transactions taking place on the Services.

Supplemental Identity Verification Information. In order to support Dubya's legal and regulatory compliance efforts, Dubya may engage third-party identity verification vendors (such as Quadrata and Persona) in order to verify your identity. These vendors may ask you to submit or request access to your mobile device’s camera to collect photographs and/or videos, government-issued identity documents, e.g. passport, driver’s license, or state identification card, Social Security number, employment information (e.g. company name), or proof of residency, including visa information, and may also perform a live facial scan and capture other biometric information generated based on photos or videos.

Any collection of biometric information or identifiers is handled by our vendors, and we do not collect, access or store any biometric information or identifiers through our Services. We may receive the results of identity verification checks from our vendors, but these results do not contain any biometric information or identifiers. For more information about Quadrata’s or Persona’s collection, process, and retention of your personal information (including biometric information and identifiers, please review their respective policies: https://quadrata.com/privacy and https://withpersona.com/legal/privacy-policy. You may withdraw your consent and ask for your biometric information to be deleted by Quadrata by sending a request to contact@quadrata.com, or to Persona at privacy@withpersona.com, or as otherwise specified in Quadrata’s and Persona’s privacy policies.

Other Transactions. We may collect personal information and details associated with your activities on our Services.

Your Communications with Us. We may collect personal information, such as email address, phone number or mailing address when you request information about our Services, register for our newsletter, apply for a job or otherwise communicate with us.

Interactive Features. We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., via the Dubya Labs communities on Discord, messaging and chat features, and social media pages). Such personal information may include photos, avatars, or other images that you upload and usernames that include personal or biographic information. Any personal information you provide on the public sections of these features will be considered “public,” (the “User Content”) unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein. Please exercise caution before revealing any information that may identify you in the real world to other users.

Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

Sweepstakes, Giveaways or Contests. We may collect personal information you provide for any sweepstakes, giveaways or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.


B. Information Collected Automatically

We may collect personal information automatically when you use our Services such as:

Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your browser or device information, location information (including approximate location derived from IP address), and metadata about the content you provide. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

Game Usage Information. If you play any of the games that we or our third-party developer partners (the "Developer Partners") offer, we and our Developer Partners may collect information about your in-game information and actions (e.g. your public wallet address, the number of games you play, and your in-game spend). If you play any of these games, you may also be subject to the privacy policies of our Developer Partners, so we encourage you to read and understand their privacy policies.

Cookies and Other Technologies. We, as well as third parties that provide content or other functionality on our Services, may use cookies, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs may not be effective on mobile applications.


C. Information Collected from Other Sources

Third-Party Sources. We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings. Your access through a third-party application may also subject you to the privacy policies of such third parties, so we encourage you to read and understand their privacy policies.

Sharing Features. Our Services may offer various tools and functionalities that allow you to provide information about your friends; third parties may also use these services to upload information about you. Our Services may also allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people if you have their express consent.


4. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and services, as described below.

If your personal information is subject to the General Data Protection Regulation or UK General Data Protection Regulation, our processing of your personal information will be under one of the following lawful bases:


A. Processing Necessary for Us to Provide Our Services

We process your personal information to perform our contract with you and provide you with our Services including by:


B. Administrative Purposes

We use your personal information for our legitimate interests, such as:


C. Marketing our Products and Services

We may use personal information to tailor and provide you with content. We may provide you with these materials as permitted by applicable law. Some of the ways we may market to you include email campaigns.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.


D. With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information and for which you provide your consent.


E. Other Purposes

We also use your information for other purposes as permitted by applicable law.

De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de­-identified demographic information, de-identified location information, information about the device from which you access our Services, information about how you use the Services, or other analyses we create. De-identified and/or aggregated information is not personal information, and we may use, disclose, and retain such information as permitted by applicable laws including, but not limited to, for research, analysis, analytics, and any other legally permissible purposes.


5. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.


A. Disclosures to Provide our Services

The categories of third parties with whom we may share your information are described below.

Notice Regarding Use of Blockchain. Transactions involving our NFTs will be conducted on the relevant Protocol. Information about your transfers will be provided to the blockchain and may be accessible to third parties due to the public nature of the blockchain. Because entries to the blockchain are, by their nature, public, and because it may be possible for someone to identify you through your pseudonymous, public wallet address using external sources of information, any transaction you enter onto the blockchain could possibly be used to identify you, or information about you. Please note that once your information is uploaded onto or otherwise recorded on the blockchain, it cannot be deleted.

Other Users of the Services and Parties You Transact With. Some of your personal information may be visible to other users of the Services (e.g., information featured on generally accessible parts of the contracts or on a user profile). In addition, to complete transfers via the Services, we will need to share some of your personal information with the party that you are transacting with.

Third Party Websites and Applications. You may choose to share personal information or interact with third-party websites and/or third-party applications, including, but not limited to, third-party electronic wallet extensions. Once your personal information has been shared with a third-party website or a third-party application, it will also be subject to such third party’s privacy policy. We encourage you to closely read each third-party website or third-party application privacy policy before sharing your personal information or otherwise interacting with them. Please note that we do not control, and we are not responsible for the third-party websites’ or the third­-party applications’ processing of your personal information.

Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, Game Usage Information, customer service, and related services.

Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

Affiliates. We may share your personal information with members of our corporate family.

APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.


B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.


C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, to the extent permitted by law.


6. YOUR PRIVACY CHOICES AND RIGHTS

The privacy choices you may have about your personal information are determined by applicable law and are described below.

Email Communications. If you receive a direct marketing email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transfer-related emails regarding services you have requested. We may also send you certain non­-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms of Service or this Privacy Policy).

Your Privacy Rights. In accordance with applicable law, you may have the right (subject to certain limitations) to:

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.


7. INTERNATIONAL DATA TRANSFERS

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your personal information consistent with the requirements of applicable laws.

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, we will use a valid data transfer mechanism to ensure that your personal information is transferred in accordance with this Privacy Policy and applicable data protection laws.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.


8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy only for as long as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.


9. SECURITY OF PERSONAL INFORMATION

We employ appropriate technical and organizational measures designed to protect the security of all personal information we collect. These measures are aimed at ensuring the ongoing integrity and confidentiality of personal information. We will continue to evaluate these measures to ensure the security of the processing.


10. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental Notice for California Residents supplements our Privacy Policy and only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (as amended from time to time, including by the California Privacy Rights Act of 2020) (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Dubya Labs has collected about them and whether Dubya Labs disclosed that personal information for a business purpose (e.g., to a service provider), whether Dubya Labs “sold” that personal information, and whether Dubya Labs “shared” that personal information for “cross-context behavioral advertising” in the preceding twelve months. California residents can find this information below in the following format:













The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information we Collect” and “How We Use Your Personal Information” above, respectively.


Additional Privacy Notices and Rights for California Residents

“Sales” of Personal Information under the CCPA. In the preceding twelve months, Dubya Labs has not “sold” any personal information (as defined by the CCPA), nor does Dubya Labs have actual knowledge of any “sale” of personal information of minors under 16 years of age.


Cross-Context Behavioral Advertising under the CCPA. In the preceding twelve months, Dubya Labs has not “shared” any personal information for “cross-context behavioral advertising” (as such terms are defined in the CCPA), nor does Dubya Labs have actual knowledge of any “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising**”.


Disclosure Regarding Sensitive Personal Information. Dubya Labs uses and discloses sensitive personal information (as defined in the CCPA) for the following purposes:

Limit the Use and Disclosure of Sensitive Personal Information: You have the right to ask that we limit our use and disclosure of your sensitive personal information to certain purposes permitted by law and can do so by contacting us using the information in the “Contact Us” section below.

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth in “Contact Us” below.

Verification. When you make a request under the CCPA, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.


11. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us as set forth in “Contact Us” below with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.


12. CHILDREN’S INFORMATION

The Services are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has provided us with personal information without your consent, you may contact us as set forth in “Contact Us” below. If we learn that a child has provided us with personal information in violation of applicable law, we will promptly take steps to delete such information, unless we have a legal obligation to keep it.


13. THIRD-PARTY WEBSITES/APPLICATIONS

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.


14. COMPLAINTS

If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as set forth in “Contact Us” below.

If you are located in the European Economic Area, Switzerland, or the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.


15. CONTACT US

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at hi@dubyalabs.xyz.