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PRIVACY POLICY

version of 30th October 2023
Introduction

This Privacy Policy describes how PIXEL LIMITED, a company with its registered office in Belize City (“PIXEL LIMITED”, “we”, “our” or “us”) collects and uses your personal data and cookies in connection with your use of the Website and the Service.

This Privacy Policy consists of two parts:

  • Privacy Notice – which describes how we collect and use your personal data;
  • Cookie Notice – which describes how cookies and similar technologies are used.
Introduction

All terms not defined in this Privacy Policy shall have the meaning as defined in the Terms of Service or in the GDPR. The following terms used in this Privacy Policy shall have the meaning set forth below:

  • Check Your Wallet Service – the Check Your Wallet Service as defined in the Terms of Service.
  • Content Access Service – the Content Access Service as defined in the Terms of Service.
  • controller, processor, processing, and other terms relating to personal data not defined here have the meaning as defined in Article 4 of the GDPR.
  • GDPR – General Data Protection Regulation 2016/679 of 27 April 2016.
  • EEA – European Economic Area.
  • Mint of the NFT Service – the Mint of the NFT Service as defined in the Terms of Service.
  • personal data – information about identified or identifiable natural person as defined in Article 4(1) of the GDPR.
  • PIXEL LIMITED – PIXEL LIMITED, a company limited by shares established under the laws of Belize with its registered office in Belize address 9 Barrack Road, Belize City, Belize.
  • Pixel List Service – the Pixel List Service as defined in the Terms of Service.
  • Privacy Policy – this Privacy Policy.
  • Services – the Services as defined in the Terms of Service.
  • Terms of Service – the Terms of Service of the Pixel Heroes Website available at [….].
  • User – the User as defined in the Terms of Service.
  • Wallet – the Wallet as defined in the Terms of Service.
  • Wallet Connection Service – the Wallet Connection Service as defined in the Terms of Service.
  • Website – the Website as defined in the Terms of Service.
  • you – the User.
Changes

The Privacy Policy shall be reviewed on an ongoing basis and updated as necessary, for example for legal reasons or to reflect changes in the Terms of Service. The current version of the Privacy Policy has been adopted and is effective as of 30th October 2023.

1.PRIVACY NOTICE
  1. 1.1.Controller and contact details

    We, PIXEL LIMITED, are the controller of your personal data to the extent this Privacy Policy applies. You can contact us by email at: contact@pixelcase.io or in writing to our registered address: 9 Barrack Road, Belize City. Please note that by using certain Services, such as Mint of the NFT Service, you will be interacting with blockchain network(s). We are responsible for processing of your personal data in connection with the Services. However, as the blockchain technology operates on a decentralized network, we don't have any control over such networks.

  2. 1.2.
    Sources of personal data

    We collect your personal data only when it is lawful under the applicable privacy law and only to the extent it is necessary to achieve our purposes (please consult Section 1.4). The Website and the Services are restricted to persons who are at least 18 years of age. We do not knowingly collect personal data from people who are less than 18 years of age in connection with the Website or the Services. If you – the User – are below 18 years old, you may not use or interact with the Website or the Services.  For your convenience and to ensure that this Privacy Policy is intelligible, we have provided additional explanation on what sources of your personal data do we use below:

    1. 1.2.1.You & your devices

      We collect your personal data from you, both directly, for example when you enter your data when interacting with the Website or the Services, and indirectly, for example from your devices or software such as your website browser.

    2. 1.2.2.Third parties

      We collect your personal data from third parties, for example in relation with your use of your cryptocurrency wallet. Our Web3 service providers may share some information related to your interactions with blockchain networks and their services, for example in relation to your cryptocurrency wallet. Such information may include personal and/or anonymous data.

    3. 1.2.3.Blockchain networks

      We collect personal and/or anonymous data from blockchain networks in connection with providing the Services. Such information may include personal and/or anonymous data (please consult Section 1.4.3 for more details).

  3. 1.3.
    Categories of personal data 

    We use your personal data only when it is lawful under the applicable privacy law and only to the extent it is necessary to achieve our purposes (please consult Section 1.4). We collect and use the following types of your personal data in connection with your use of the Website and the Services.

    1. 1.3.1.Customer support data

      The customer support data includes data collected and used in connection with customer support provided by us to you. For example, this may include your communication with us as regards your rights as a consumer, your participation in our surveys or questionnaires or your other requests, questions, and queries.

    2. 1.3.2.Social media data

      The social media data includes data collected and used in connection with your interactions or visits on our social media profiles. For example, this includes your nickname when you reach send us a direct message on Twitter (X), Medium, or Discord and the contents of such message. Please note that social media platforms are independent data controllers. Your use of such platforms is subject to the privacy policies and terms and conditions of such providers of such social media platforms. We encourage you to consult such documents before using such services. We are not responsible for the privacy policies and practices of such social media platforms. For example, you can consult the privacy policy of Twitter, Medium, or Discord.

    3. 1.3.3.Tracking data

      The tracking data includes data collected and used in connection with use of cookies and similar technologies, such as pixels, beacons, tags, device IDs, Local Shared Objects or tracking pixels. For example, this includes personal data used when we use cookies to remember your settings such as preferred language. Please consult the Cookie Notice to learn more about cookies and similar technologies.

    4. 1.3.4.Technical data

      The technical data includes data collected and used in connection with the ICT Systems. For example, this includes your IP address, information about your operating system or other software used by your device, hardware details, statistics derived from this data and so on. Most of this information is anonymous data. However, in some cases it may be used to identify you, for example in combination with other data.

    5. 1.3.5.Web3 data

      The Web3 data includes anonymous data and, in some cases, your personal data that we receive in connection with your interactions with some of the Services, such as NFT Mint. This also includes data that we receive in connection our activity and the activity of third parties connected with rendering the Services. For example, this includes publicly accessible on-chain information (which can be personal data) and limited off-chain information of technical nature, such as a type of a device, browser version and so on (which, as a rule, is an anonymous data). This also includes public address of a Wallet (Wallet ID), which is a personal data when we can confirm that such Wallet belongs to you, and information we receive from our Web3 service providers, if it can be used by us to identify you. In general, if Web3 data allows for your identification, we treat it as personal data in compliance with the GDPR and other applicable privacy laws.

  4. 1.4.
    Purposes and legal grounds of processing

    We collect and process your personal data in connection with your use of the Website and the Services. As a rule, we collect your personal data directly from you and from your devices. We process your personal data to the extent necessary to provide the Services, ensure smooth operation of the Website or for other legitimate purposes. You can find the description of such purposes and legal grounds for processing in greater detail below.

    1. 1.4.1.
      Contract performance

      We use your personal data to perform contracts we have executed with you. For example, this includes contract subject to the Terms of Service. The legal ground for such processing is the necessity of processing for either taking steps at your request prior to entering into a contract and/or performance of a contract with you (Article 6(1)(b) GDPR. Please consult the Terms of Service for more detailed description of the Services. For your convenience and to ensure that this Privacy Policy is intelligible, we have provided additional explanation on how we use your personal data in connection with the selected Services below.

      1. 1.4.1.1.Content Access

        We use your personal data to render the Content Access Service. For example, we may use your IP address or other online identifiers, as well as information obtained from your Internet browser when providing you with access to the contents on the Website.

      2. 1.4.1.2.Wallet Connection

        We use your personal data to render the Wallet Connection Service. For example, we may use public address of your Wallet to allow you to interact with blockchain networks or providers of Web3 solutions, such as MetaMask.

      3. 1.4.1.3.Pixel List

        We use your personal data to render the Pixel List Service. For example, we may use public address of your Wallet or data concerning your activity on social media platforms to verify that you have completed the tasks required to get on the whitelist.

      4. 1.4.1.4.Check Your Wallet

        We use your personal data to render the Check Your Wallet Service. For example, we may use public address of your Wallet or data concerning your activity on social media platforms to show you whether your Wallet is on the whitelist or not.

      5. 1.4.1.5.Mint of the NFT

        We use your personal data to render the Mint of the NFT Service. For example, we may use public address of your Wallet to enable the mint and payment data related to the NFT purchase.

    2. 1.4.2.
      Analytics

      We process your personal data for analytical and statistical purposes. The legal ground for such processing is our legitimate interest (Article 6(1)(f) GDPR), which consists of conducting analyses of your activity, as well as of your preferences to improve functionalities and services provided by us. Where required under statutory law, we will be conducting analytical activities only with your consent.

    3. 1.4.3.
      Compliance

      We use your personal data to ensure compliance with the applicable law. For example, this includes processing of your personal data to comply with consumer protection law. We also process your personal data to comply with the GDPR, for example when you submit your request as regards your privacy rights and for accountability purposes. The legal ground for processing is the necessity of processing for compliance with appropriate legal obligation under applicable statutory law to which we are subject (Article 6(1)(c) GDPR).

    4. 1.4.4.
      Cookies

      We may use your personal data in connection with the use of cookies or similar technologies for purposes described in sections 1.4.1-1.4.6 above. The legal grounds for processing your personal data are (depending on the type of cookies) your consent (Article 6(1)(a) GDPR) or necessity of processing for performance of a contract with you (Article 6(1)(b) GDPR). Please consult the Cookie Notice to learn more about cookies and similar technologies.

    5. 1.4.5.
      Legal rights

      We may process your personal data, if necessary, to establish and assert claims or to defend against claims.  The legal ground for such processing is our legitimate interest (Article 6(1)(f) GDPR), which consist of the protection of our legal rights.

    6. 1.4.6.
      Security

      We process your personal data to ensure the security of the Website and our ICT systems and to manage them. For example, we record some of your personal information in a system logs (special computer program used for storing a chronological record containing information about events and actions related to the ICT Systems used for rendering Services us). The legal ground of the processing is our legitimate interest (Article 6(1)(f) GDPR), which consists of our need to ensure security and safety of our ICT systems used in connection with the Website and the Services.

    7. 1.4.7.
      Social media

      We process your personal data to ensure the security of the Website and our ICT systems and to manage them. For example, we record some of your personal information in a system logs (special computer program used for storing a chronological record containing information about events and actions related to the ICT Systems used for rendering Services us). The legal ground of the processing is our legitimate interest (Article 6(1)(f) GDPR), which consists of our need to ensure security and safety of our ICT systems used in connection with the Website and the Services.

  5. 1.5.
    Data storage

    We store your personal data only as long as necessary for the purposes we collected it. This means that the duration of storage depends on the purpose of processing. For example, we store your personal data for the period of time when we provide you the Services in accordance with the agreement we have entered with you subject to the Terms of Service. We store personal data processed based on legitimate interest(s), our or those of a third party, until you lodge an effective objection to such processing. Similarly, when we process your personal data based on your consent, we store it until you withdraw your consent. After the end of the period of data storage, we permanently delete or anonymize your personal data.

    The duration of storage or use of your data may be extended in certain situations. For example, we may store your personal data after you terminate the agreement with us when required by law. We may also continue to store and use the same dataset if we use it for a different purpose and on a different legal basis, if admissible by law. For example, if you terminate the agreement with us, we may continue to use personal data provided by you in connection with your use of the Services when necessary to establish and assert possible claims or to defend against claims (if we have a legitimate interest to do so).

    Please note that due to the nature of the blockchain technology it may be technically impossible, depending on a blockchain protocol, to delete any information recorded on-chain in a public blockchain network. We don't have any control over such networks due to the fact that the blockchain technology operates on a decentralized network. Such immutability of records may occur due to the nature of the blockchain technology.

  6. 1.6.
    Data recipients

    As a rule, we do not share your personal data unless it is necessary. For example, we may share your personal data for example in connection with the provision of the Services under the Terms. We may disclose your personal data to the following categories of recipients:

    • external developers or software solution providers;
    • marketing and advertising services providers;
    • analytical tools providers;
    • data storage providers;
    • professional advisors, such as lawyers, accountants, and tax advisors.

    We require our partners to keep your data secure and confidential under the terms that ensure a level of protection essentially equivalent to that described in this Privacy Policy. Some of our partners may be located outside of the EEA, for example in the United States. Please consult Section 1.7 for more details on transfers of your personal data outside of the EEA.

    Please note that some of them act on our behalf as our processors and some act as independent controllers of your personal data. If they are controllers of your data, relevant privacy policies and terms and conditions of such controllers may apply. We encourage you to consult such documents before using such services. We are not responsible for the privacy policies and practices of the third parties.

    Please note that due to the nature of the blockchain technology your use of the blockchain networks in connection with certain Services, depending on the blockchain protocol, may result in recording of some of your personal data on-chain in a public blockchain network. This means that your personal data could be identified directly, when combined with other data, or when anonymous data is de-anonymized. As a result, third parties that have access to such a network may potentially access your personal data.

  7. 1.7.
    Data transfers outside the EEA

    The level of protection for the Personal Data outside the European Economic Area (EEA) differs from that provided by the EU law. For this reason, we transfer your personal information outside the EEA only when necessary and with an adequate level of protection. This applies also to onward transfer of your personal data from us to our service providers. We secure the adequate level of protection primarily by cooperating with processors of the personal data in countries for which there has been a relevant European Commission decision finding an adequate level of protection for the personal data. Alternatively, we may use the standard contractual clauses issued by the European Commission. If you want to learn more about these safeguards, obtain a copy of them or learn where they have been made available, contact us (please consult Section 1.1 above).

  8. 1.8.
    Requirement to provide personal data

    In some cases provision of your personal data is mandatory by law or necessary in order to carry out your request or to perform a contract we have with you. If you fail to provide us with your personal data in such situations, we may not be able to carry out your request, perform a contract with you (or enter into it) or comply with the law. In some cases this may mean that we will terminate the contract or stop our engagement with you. For example, if you do not provide your personal data necessary for the consumer complaint procedure, we may not be able to handle your complaint.

    In other cases provision of your personal data is voluntary. If you fail to provide us with your personal data in such situations, we may not be able to carry out your request or achieve our goal. For example, if you do not share your contact details with us, we may not be able to contact you.

  9. 1.9.
    Your rights

    To exercise your right(s) contact us (please consult Section 1.1 above).

    Depending on where you live, you may have different privacy rights. If the EU law applies to you, you have the following rights under the GDPR:

    Please note that due to the nature of the blockchain technology it may be technically impossible, depending on a blockchain protocol, to delete or correct any information recorded on-chain in a public blockchain network. As the blockchain technology operates on a decentralized network, we don't have any control over such networks.

    1. 1.9.1.
      Right to access information

      You can request from us information about the processing of your personal data. You can also request a copy of your personal data that we process from us free of charge. However, under certain conditions set out by privacy law, we may charge a fee for that.

    2. 1.9.2.
      Right to correct your data

      You can request from us information about the processing of your personal data. You can also request a copy of your personal data that we process from us free of charge. However, under certain conditions set out by privacy law, we may charge a fee for that.

    3. 1.9.3.
      Right to be forgotten

      You can request that we erase your personal data under certain conditions prescribed by law. However, this is not an absolute right and it does not apply in certain conditions, for example, when use of your data is necessary for the establishment, exercise or defense of legal claims by us.

    4. 1.9.4.
      Right to restrict

      You can request that we stop processing your personal data, except for storage, under certain conditions prescribed by law. However, this is not an absolute right, and it does not apply in certain conditions, for example when use of your data is necessary for the protection of the rights of another natural or legal person.

    5. 1.9.5.
      Right to data portability

      You can request that some of your personal data is provided to you, or to another controller, in a commonly used and machine-readable format. This right applies where we use your data based on your consent or a contract and if the processing of your data is carried out by automated means.

    6. 1.9.6.
      Right to withdraw consent

      You have the right to withdraw your consent to the processing of your personal data. You can do this at any time. If you withdraw consent, we will stop using your personal data where the basis for processing is consent. Withdrawal of consent does not affect the lawfulness of processing your data based on consent before withdrawal. The right to withdraw consent applies only to the extent that your personal data is processed based on consent.

    7. 1.9.7.
      Right to object

      You have the right to object to the processing of your personal data based on legitimate interest(s), our or those of a third party. You can do this at any time. If you raise an objection, we will stop using your personal data where the basis for processing is our legitimate interest. In exceptional circumstances, we may continue to use your data despite your objection. This exception does not apply when you object to the processing of data for direct marketing purposes, i.e. if you object to it, we will stop processing your personal data on this basis.

    8. 1.9.8.
      Right to lodge a complaint

      You can lodge a complaint with the supervisory authority dealing with the protection of personal data. You can lodge such a complaint with your local data protection authority. You can also lodge such a complaint with the Data Protection Commissioner, a Belize data protection authority.

2.COOKIE NOTICE
  1. 2.1.
    Introduction

    This Cookie Policy describes how PIXEL LIMITED, a company limited by shares with its registered office in Belize City (“PIXEL LIMITED”, “we”, “our” or “us”) stores or accesses information on your terminal device in connection with your use of the Website or the Services.

  2. 2.2.
    What are cookies?

    Cookies are small text files installed on your device that collect information which, generally, facilitates use of the Website and the Services. For example, cookies may remember your language preferences or other settings of your Internet browser. In most cases information used in connection with cookies is personal data. In such cases, the Privacy Notice applies to such personal data.

    We mainly use our own cookies. We also use third-party cookies, i.e. cookies from a domain other than the domain of the visited website, primarily for analytical activities. We may also use other technologies similar to cookies, for example HTML5 local storage, Local Shared Objects or tracking pixels. Where we refer to cookies in this Cookie Notice, we also mean such technologie

  3. 2.3.
    What cookies are used?

    The cookies are used only when it is admissible by law. The following types of cookies are used in connection with your use of the Website and the Services.

    1. 2.3.1.
      Necessary cookies

      The necessary cookies are a type of cookies that are required by the Website and the Services to function properly. For example, these types of cookies are installed to recall your login sessions and privacy settings. They are set by us. They are mandatory because they are necessary for the provision of the Website and the Services.

    2. 2.3.2.
      Functional cookies

      The functional cookies are a type of cookies that are used to improve the functionality of the Website. For example, such cookies may be installed to remember your language preferences. They may be set by us or by third-party providers engaged by us. They are optional, so we use them only with your consent.

    3. 2.3.3.
      Analytical cookies

      The analytical cookies are a type of cookies that enable collecting information such as number of visits and traffic on the Website for statistical purposes. For example, these types of cookies may be installed to analyze how you navigate the Website in order to improve the performance of the Website. They may be set by us or by third-party providers engaged by us. They are optional, so we use them only with your consent.

  4. 2.4.
    Description of the cookies

    Each cookie has a specific provider responsible for the cookie (e.g. us or a third party), a specific purpose of use, and a maximum functioning period. If the provider of a cookies is a third party, such a third party has access to such cookies. The duration of the operation of cookies depends on their type and purpose. In general, there are two types of cookies: session cookies and persistent cookies. Session cookies expire at the end of a given session. Persistent cookies are stored on the device for a longer period. They do not expire after the end of a given session. The maximum period after which our cookies expire is 12 months.

    The following cookies are used in connection with your use of the Website or the Services:

    • Necessary cookies
    • Functional cookies
    • Analytical cookies

  5. 2.5.
    Access of third parties to the cookies

    We do not allow third parties to access cookies for which we are responsible unless it is necessary. For example, we may allow such access when it is necessary to perform third-party analytics services. In addition, some of our vendors' technology solutions involve storing or accessing information on your end device, including the use of cookies.

    Below we describe in greater detail some tools of our partners used for analytical or marketing purposes:

    • 2.5.1.
      Google Analytics

      Google Analytics is a web analytics service offered by Google that is used to track and analyze website and app traffic. It provides website owners and digital marketers with valuable insights into how users interact with their websites or apps.

  6. 2.6.
    Your cookie choices

    There are several ways in which you can manage cookies.

    1. 2.6.1.
      Your consent

      Optional cookies, for example advertising cookies, are used only with your consent. You can withdraw your consent at any time. You can do this through your cookie settings (Section 2.6.2) or through your browser settings (Section 2.6.3).

    2. 2.6.2.
      Cookie Settings

      You can manage your cookie settings using our cookie management platform (click here). You can access the cookie management platform from the Website. To do so, click the "Cookie Settings" link located in the footer at the bottom of the Website. You can also access the cookie management platform by clicking the corresponding button on the cookie banner that appears at the bottom of the screen during your first visit to the Website.

    3. 2.6.3.
      Web browser

      You can also manage cookies through your web browser. For example, you can delete all or some cookies from your device or block them. 

      Please note that deleting or blocking cookies may cause the Website or the Services to not function properly or to stop functioning altogether.  To manage cookies through your web browser, refer to the instructions provided by your browser provider. For example, some such instructions for the relevant web browsers can be found on the websites of their operators: Microsoft (Internet Explorer, Edge), Google (Chrome), Apple (Safari), Mozilla (Firefox), Opera (Opera).

    4. 2.6.4.
      Your rights related to personal data

      You have rights related to your personal data as set forth in the Privacy Notice (Section 1.9).