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Privacy Policy – Earthy, Inc.

Last Updated: December 27, 2023

Earthy, Inc. (“Earthy,” “we”, “us”, or “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect, use, and share in connection with the Earthy website (www.Earthy.tech), any future mobile applications, marketplace, and other software provided on or in connection with our services or future services, as described in our End User License Agreement and Terms of Service (collectively, the “Service”).

“$EARTHY” in this Privacy Policy means the Earthy cryptocurrency token or similar digital item implemented on a blockchain (such as the Ethereum or Binance Smart Chain blockchains), which uses smart contracts to link to or otherwise be associated with certain content or data.

1.Types of Data We Collect.

“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.

“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.

We collect Personal Data and Anonymous Data as described below.

a. Information You Provide Us.
I. When you use our Service, update your account profile, or contact us, we may collect Personal Data from you, such as email address, first and last name, username, and other information you provide. We also collect your blockchain address, which may become associated with Personal Data when you use our Service.
II. Our Service lets you store preferences such as how your content is displayed, notification settings, and favorites. We may associate these choices with your ID, browser, or mobile device.
III. 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.
IV. 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.

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:
I. Information Collected by Our Servers. To provide our Service and make it more useful to you, we (or a third-party service provider) may collect information from you, including but not limited to your browser type, operating system, hardware type, Internet Protocol (“IP”) address, mobile device ID, blockchain address, wallet type, and date/time stamps.
II. Log Files. We gather certain information automatically and store it in log files. This information includes IP addresses, browser types, Internet service providers (“ISPs”), referring/exit pages, operating systems, 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’ personalized preferences.
III. Cookies. We may use cookies to collect information. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer or device until you delete them) to analyze how users interact with our Service, make improvements to our product quality, and provide users with a more personalized experience. Earthy will allow users to choose which cookies to allow when utilizing its Services.
IV. Pixel Tags. 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.
V. Analytics Services. In addition to the tracking technologies we place, 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, which use Analytics Information to compile reports on user activity, which reports we may receive on an individual or aggregate basis. The Analytics Services may also transfer information to third parties when required to do so by law or when such third parties process Analytics Information on their behalf. Each Analytics Services provider’s ability to use and share Analytics Information is restricted by such Analytics Services provider’s terms of use and privacy policy. By using our Service, you consent to the processing of your personal information by Analytics Services in the manner and for the purposes set out above.

Your use of the hosting Client (“Client”) and any personal information you provide through its tools remains subject to the terms of this Privacy Policy and the Terms of Use, as each may be updated from time to time. Your interactions with the Client may require levels of permission that may lead to procurement of additional personal information. Information gathered with these permissions is retained for a limited time only and is collected only to the extent necessary for the Client to properly interact with your browser. No information received is shared with any third party except as required for provision by the Client of its hosting services.

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 or to our Service. For example, third-party wallet providers provide us with your blockchain address and certain other information you choose to share with such wallet 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 digital assets, which may then be associated with other data you have provided to us.

2.Use of Your Personal Data.
a. 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:
I. facilitate the creation of and security for your account;
II. identify you as a user of our ecosystem and token;
III. provide you with our Service, including, but not limited to, exploring the Earthy website, helping you view, explore, and participate in non-profit communities for the purpose of effectuating charitable donations and philanthropic causes, and, at your own discretion, connecting directly with others to purchase, sell, or transfer Earthy tokens on blockchains or user-created applications on our website;
IV. improve the administration of our Service and quality of experience when you interact with our Service, including, but not limited to, analyzing how you and other users find and interact with the Service;
V. provide customer support and respond to your requests and inquiries;
VI. investigate and address conduct that may violate our Terms of Service;
VII. detect, prevent, and address fraud, violations of our Terms of Service or other policies, and/or other harmful or unlawful activity;
VIII. display your information next to the tokens currently or previously accessible in your third-party wallet with which you have interacted;
IX. send you a welcome email to verify ownership of, and send further emails if and when required to further authenticate the email address and account information provided when your account was created or updated;
X. send you administrative notifications, such as security, support, and maintenance advisories;
XI. send you notifications related to actions on the Service;
XII. send you newsletters, promotional materials, and other notices related to our Services and/or third parties' goods and services;
XIII. respond to your inquiries related to employment opportunities or other requests not directly related to the Services;
XIV. 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
XV. act in any other way we may disclose when you provide the Personal Data.

b. 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.

3. Disclosure of Your Personal Data. We disclose your Personal Data only 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 which 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 provide other support to us and to the Service in order to better personalize our users’ experiences. The agreements with these service providers limit the kinds of information they can use or process and ensure they use commercially reasonable efforts to keep your personal information secure.

b. Affiliates. We may share some or all of your Personal Data with any subsidiaries, joint ventures, or other companies under our control (“Affiliates”). In any such case, we will require our Affiliates to honor and adhere to 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 for any of the above reasons, that company will possess the Personal Data collected by us and will be required to assume the rights and obligations regarding your Personal Data described in this Privacy Policy.

d. Legal Rights. Regardless of any choices you make regarding your Personal Data (as described below), Earthy may disclose Personal Data if it believes in good faith that such disclosure is necessary: (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants, or other legal process served on Earthy (c) to protect or defend the rights or property of Earthy or users of the Service; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.
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.

f. 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 SERVICES, PRODUCTS OR WEBSITE CONTENT.

g. Third-Party Wallets. To use our Service, you must use a third-party wallet 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 and not by us.

h. 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. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by opting out of Cookies or by changing your browser settings to stop accepting Cookies or to prompt you before accepting Cookies from the websites you visit. Consult your browser’s technical information. Not accepting some or all Cookies may adversely affect your ability to use certain portions or functions of the Service.

i. Data Access and Control. You can view, access, edit, or delete your Personal Data for certain aspects of the Service via your Settings page. You may also have certain additional rights:

a. If you are a user in the European Economic Area or United Kingdom, you have certain rights under the respective European or UK General Data Protection Regulations (“GDPR”). These include the right to (i) request access and obtain a copy of your personal data; (ii) request rectification or erasure; (iii) object to or restrict the processing of your personal data; and (iv) request portability of your personal data. Additionally, if we have collected and processed your personal data with your consent, you have the right to withdraw your consent at any time.

b.If you are a California resident, you have certain rights under the California Consumer Privacy Act (“CCPA”). These include the right to (i) request access to, details regarding, and a copy of the personal information we have collected about you and/or shared with third parties; (ii) request deletion of the personal information that we have collected about you; and (iii) the right to opt out of sale of your personal information. As the terms “sale” and “personal information” are defined under the CCPA, we do not sell your personal information.The above descriptions are not intended to be full disclosures or explanations of your rights under GDPR or CCPA. For further information, you should consult your legal advisor.

c. If you wish to exercise your rights under the GDPR, CCPA, or other applicable data protection or privacy laws, please contact us by using the “Submit a request” link _______ or at the address provided in Section 13 below, 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.

d. Notwithstanding the above, we do not have custody or control over any blockchain and therefore cannot edit or delete any information that is stored on such blockchain. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address as well as NFTs held at that address.

j. Data Retention. We may retain your Personal Data as long as you continue to use the Service, have an account with us, or for as long as is necessary to fulfill the purposes set forth in this Privacy Policy. We may continue to retain your Personal Data even after you deactivate your account and/or cease to use the Service if such retention is reasonably necessary to comply with our legal obligations, resolve disputes, prevent fraud and abuse, enforce our Terms of Service or other agreements, and/or protect our legitimate interests. When your Personal Data is no longer required for these purposes, we will delete it to the extent it is in our control or that of our service providers.

k. Data Protection. We care about the security of your information and use physical, administrative, and technological safeguards to preserve the integrity and security of information collected through our Service. However, no security system is impenetrable, and we cannot guarantee the security of our systems. Should any information under our custody and control be compromised as a result of a breach of security, we will take commercially reasonable steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, notify those individuals whose information may have been compromised.

a. 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. Your wallet public address is not retained by us, but you should understand and implement the measures required to protect this information.

b. Your Binance Smart Chain public address is not collected, but you should understand that transactions that take place using the Site and the Tools are confirmed and managed via the Binance Smart Chain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction that is confirmed and managed via the Binance Smart Chain. Similar provisions may apply to other blockchains that may be used in connection with our Services.

c. Any other personally identifiable information about you shall not be collected, unless you give it to the Service or Client directly by means of: filling out a form; giving written feedback; communicating via third party social media sites; or otherwise communicating via the Client or Service, the Tools or any other means.

l. Minors. We do not intentionally gather Personal Data from visitors who are under the age of 18. Our Terms of Service require all users to be at least 18 years of age. Minors under 18 years old may not use Earthy Services under any circumstances. If a child under 18 submits Personal Data to Earthy and we learn that the Personal Data is the information of a child under 18, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 18, please contact us by using the “Submit a Request” link or at the address indicated in Section 13 below.

m. Users Outside of the United States. If you are a non-U.S. user of the Service, by visiting the Service and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. 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 providing your Personal Data, you consent to such transfer.

n. Changes to This Privacy Policy. This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the revised Privacy Policy at www.Earthy.tech  The date the Privacy Policy was last revised is identified at the beginning of this Privacy Policy. You are responsible for periodically visiting our Service and this Privacy Policy to check for any changes. Your continued use of the Service and/or Client constitutes your agreement to this Privacy Policy and any other future changes/revisions made to it.

o. Questions; Contacting Earthy; Reporting Violations. If you have any questions or 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 or at the following address: _____________.