1. Introduction
These privacy terms of use (the “Privacy Terms”) are by Monaco Market LLC and its subsidiaries, parents, agents, any decentralized autonomous organizations it may advise or receives advise, and affiliates (collectively referred to herein as “Monaco Market”), are between all users of Monaco Market and its platforms and applications, including but not limited to CLCT, the blockchain, and related protocols and integrations, whether directly or indirectly, and Monaco Market’s related digital platforms, products, offerings, services, including but not limited to Monaco Market’s exchange offerings, digital collectables, digital tokens if applicable, digital artwork, physical goods, technical mechanisms, advancement of education, and web 3.0 community running on any given blockchain and related protocols, third–party applications and hosting services, exchanges, and applications. Please read the Privacy Terms carefully, together with privacy laws of your region. If you have any questions or concerns, contact Monaco Market directly via the contact information on our website.

2. Purpose
The Privacy Terms aim to give you information on why and how we collect and process your personal data, including but not limited to personally identifiable information. The Privacy Terms inform you about your privacy rights and the data protection principles set out, which included but is not limited to the United States, the EU General Data Protection Regulation (“GDPR”), and the post–Brexit privacy law publicly known as the UK GDPR protect you. We also want to remind you that if you interact with Monaco Market in any way, the Privacy Terms shall apply to you. Please note that all or part of our services may not be available in your region.

3. Who we are
A. Data Controller. The controller of your personal data is the legal entity that determines the “means” and the “purposes” of any processing activities that it carries out. For any and all services, the controller of your personal data is Monaco Market.

B. Questions or Complaints. If you have any questions or complaints related to this Privacy Notice or our privacy practices, or if you want to your legal rights, please contact Monaco Market directly with the contact information provided on our website. You have the right to make a complaint about the way we process your personal data to a supervisory authority. If you reside in an EEA Member State, you have the right to make a complaint about the way we process your personal data to the supervisory authority in the EEA Member State of your habitual residence, place of work or place of the alleged infringement. You may contact the Data Protection Commission (DPC), Ireland’s supervisory authority for data protection matters. You may also contact your local data protection regulatory authority. We would, however, appreciate the chance to deal with your concerns before you approach a data protection regulatory authority, so please feel free to contact us in the first instance.

C. Regular Review. We keep our Privacy Notice under regular review. This version was last updated on the date above written. Please check from time to time for new versions of the Privacy Notice. We will also additionally inform you on material changes of this Privacy Notice in a manner which will effectively bring the changes to your attention. It is important that the personal data we hold about you is accurate and up–to–date. Please keep us informed if your personal data changes during your relationship with us.

D. Third–party Services. Monaco Market may be required or may opt have access or have you access services of third–party websites and vendors, plug–ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third parties and are not responsible for their privacy statements and policies. We encourage you to read the privacy notice or policy of every third–party service that you interact with accordingly.

a. Personal data. Personal data, or personally identifiable information means any information that relates to an identified or identifiable living individual. This is a broad definition which includes the specific pieces of personal data which we have described below. It does not include data which cannot be used to identify an individual person, such as a company registration number. A “data subject” is an individual who can be identified, directly or indirectly, by personal data. This is usually by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Different pieces of information, which collected together can lead to the identification of a particular person, also constitutes personal data. It does not include data where the identity has been removed . More information could be found here (link to third-party website).

b. Examples. Depending on whether and how you use our Monaco Market, and whether you sell, buy, or own anything on or related to Monaco Market, we will collect, use, store and transfer different kinds of personal data about you which we have grouped in categories as follows:

4. Special categories of personal data
Certain types of sensitive personal data are subject to additional protection under the legislation applicable to you. They are called “special categories” of personal data. Currently the services do not include processing of special categories of personal data (such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs). If you refuse to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you refuse to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us, but we will attempt notify you if this is the case at the time.

5. How we collect your data
We use different methods to collect information from and about you, including through direct interactions. You may give us your identity data, contact data, financial data, investment data, profile data and marketing and communications data by directly interacting with us, including by filling in forms, by email or otherwise. This includes personal data you provide when you:

• Visit our Site;
• Apply for our services;
• Create an account;
• Make use of any of our services;
• Request marketing to be sent to you, for example by subscribing to our communications;
• Enter a competition, promotion or survey, including through social media channels;
• Give us feedback or contact us.

Automated technologies or interactions. As you interact with Monaco Market, we will automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We will also collect transactional data, investment data and usage data. We may also receive technical data and marketing and communications data about you if you visit other websites employing our cookies. On our main website you will be informed about how we use cookies through the cookie preferences. Third parties or publicly available sources. We also obtain information about you from third parties or publicly available sources. These sources may include:

• Public blockchain,
• Publicly available information on the Internet (websites, articles etc.)
  

6. How we use your data
a. Data Utilization. We will always endeavor to only use your personal data when the applicable legislation allows us to. In other words, we have to ensure that we have a lawful basis for such use. Most commonly, we will use your personal data in the following circumstances:

• Performance of a contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract; we use this basis for provision of our services;
• Legitimate interests: means our interests (or those of a third party), where we make sure we use this basis as far as your interests and individual rights do not override those interests;
• Consent: means freely given, specific, informed and unambiguous indication of your wishes by which you, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to you; under specific circumstances this consent should be explicit – if this is the case, we will ask for it properly.

b. Purposes for which we use your personal data
We have set out below, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the examples below.

c. Marketing
You will receive marketing communications from us if you have requested information from us or consented to receive marketing communications. We will use your contact data and marketing and communications data for our respective activities.

d. Third–party marketing
We will get your opt–in consent before we share your personal data with any third party for marketing purposes.

e. Opting out
You can ask us to stop sending you marketing messages at any time by following the opt–out links on any marketing message sent to you. Further, you can let us know directly that you prefer not to receive any marketing messages. Where you opt out of receiving marketing messages, this will not apply to service messages which are directly related to the use of Monaco Market (e.g. maintenance, change in the terms and conditions and so forth).

f. Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Services or Site may become inaccessible or not function properly. For more information about the cookies we use, please review the Cookie Preferences.

g. Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

h. Sale or transfer of business
We may also need to process your data in connection with or during the negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving all or a part of our shares, business or assets. This will be based on our legitimate interests in carrying out such transaction, or to meet our legal obligations.

7. Disclosures of your data
We share your personal data with our third–party service providers, agents, subcontractors and other associated organizations, our group companies, and affiliates (as described below) in order to complete tasks and provide the services to you on our behalf. When using third party service providers, they are required to respect the security of your personal data and to treat it in accordance with the law. We pass your personal data to the following entities:

• Companies and organizations that assist us in processing, verifying or refunding transactions/orders you make and in providing any of the services that you have requested;
• Anyone to whom we lawfully transfer or may transfer our rights and duties under the relevant terms and conditions governing the use of any of the services;
• Any third party because of any restructure, sale or acquisition of our group or any affiliates, provided that any recipient uses your information for the same purposes as it was originally
  supplied to us and/or used by us; and
• Regulatory and law enforcement authorities, whether they are outside or inside of the EEA, where the law allows or requires us to do so.

8. International transfers
We share your personal data within our group. This will involve transferring your personal data outside the European Economic Area (EEA) or the UK, including but not limited to the United States of America (which includes the state of California). Many of our external third parties are based outside the EEA or the UK so their processing of your personal data will involve a transfer of data outside the EEA or the UK.

Whenever we transfer your personal data out of the EEA or the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• The country to which we transfer your personal data has been deemed to provide an adequate level of protection (third–party website link) for personal data by the European Commission;
• A specific contract approved by the European Commission which gives safeguards to the processing of personal data, the so called Standard Contractual Clauses.

9. Data security
While there is an inherent risk in any data being shared over the internet, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, damaged, or accessed in an unauthorized or unlawful way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality. Depending on the nature of the risks presented by the proposed processing of your personal data, we will have in place the following appropriate security measures:

• Organizational measures (including but not limited to staff training and policy development);
• Technical measures (including but not limited to physical protection of data, pseudonymization and encryption); and
• Securing ongoing availability, integrity, and accessibility (including but not limited to ensuring appropriate back–ups of personal data are held).

We have put in place procedures to deal with any suspected personal data breach and will notify you and any relevant regulator of a breach where we are legally required to do so. If you want to know more about our security practice, please contact us from the information listed on our website.

10. Data retention
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Here are some exemplary factors which we usually consider when determining how long we need to retain your personal data:

• In the event of a complaint;
• If we reasonably believe there is a prospect of litigation in respect to our relationship with you or if we consider that we need to keep information to defend possible future legal claims (e.g. email addresses and content, chats, letters will be kept up to 7 years following the end of our relationship);
• To comply with any applicable legal and/or regulatory requirements with respect to certain types of personal data, if information is needed for audit purposes and so forth;
• In accordance with relevant industry standards or guidelines;
• In accordance with our legitimate business need to prevent abuse of the promotions that we launch. We will retain a customer’s personal data for the time of the promotion and for a certain period after its end to prevent the appearance of abusive behavior.

Please note that under certain condition(s), you can ask us to delete your data. We will honor your deletion request ONLY any and all condition(s) later discussed upon request are met.

11. Your legal rights
You have rights we need to make you aware of. The rights available to you depend on our reason for processing your personal data. If you need more detailed information or wish to exercise any of the rights set out below, please contact us.

a. You may:

• Request access to your personal data, which enables you to obtain confirmation of whether we are processing your personal data, to receive a copy of the personal data we hold about you and information regarding how your personal data is being used by us;
• Request rectification of your personal data by asking us to rectify information you think is inaccurate and to complete information you think is incomplete, though we may need to verify the accuracy of the new data you provide to us;
• Request erasure of your personal data by asking us to delete or remove personal data we hold about you; note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you;
• Object to the processing of your personal data, where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms; in some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms; you also have the right to object where we are processing your personal data for direct marketing purposes;
• Require that decisions be reconsidered if they are made solely by automated means, without human involvement; you will be notified if decisions are made solely on an automated basis;
• Request restriction of processing your personal data, which enables you to ask us to suspend the processing of your personal data, if you want us to establish the data accuracy; where our use of the data is unlawful, but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims, or if you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it;
• Request the transfer of your personal data to you or to a third party, and we will provide to you, or a third party you have chosen (where technically feasible), your personal data in a structured, commonly used, machine–readable format; note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you;
• Withdraw consent at any time where we are relying on consent to process your personal data; however, this will not affect the lawfulness of any processing carried out before you withdraw your consent; if you withdraw your consent, we may not be able to provide certain products or services to you, but we will advise you if this is the case at the time you withdraw your consent;
• Complain to the DPC or any relevant authority about any perceived violation and to seek compensation for damages in the courts.

b. No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is manifestly unfounded or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

c. Period for replying to a legitimate request
The statutory period under GDPR for us to reply to a legitimate request is one month. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Please note that we may request that you provide some details necessary to verify your identity when you request to exercise a legal right regarding your personal data.

12. Additional Information Regarding California Residents
a. Your California Consumer Privacy Act of 2018 (“CCPA”) Rights Residents of California may have the following rights:

• Right to access your personal information. You may request to access the categories and specific pieces of personal information that we collected about you through this Site.
• Right to deletion. Subject to certain exceptions, you may ask us to delete the personal information we collected about you through this Site.
• Right to disclosure. You may request to receive additional details about the sources from which we collect information, the reasons we collect and share information, and the types of third parties with which we share the personal information we collected about you through this Site.
• Right to opt out of sales. Under CCPA law, certain types of sharing of personal information may constitute a “sale” of your personal information. We do not sell the personal information we collected about you through this Site.
• Right to be free from discrimination. You may exercise any of the above rights without fear of being denied goods or services.

If you would like to exercise your CCPA rights with respect to the personal information we collected about you through this Site, please contact us by email in the information provided on our website.

b. Shine the Light California Rights (CA Civil Code § 1798.83)

Residents of California who use Monaco Market primarily for personal, family or household purposes may request a list of third parties to which certain personal information (as defined by applicable California law) obtained through the Site was disclosed by Hearst during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at the information listed on our website. For such requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In your request, you need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.