Privacy Policy

Last Updated/Effective Date: August 10, 2022

Table of Contents:

1. SCOPE AND APPLICATION

Blockchain Creative Labs, LLC (“Company” or “we”) wants you to be familiar with how we collect, use, and disclose information from and about you.  This Privacy Policy describes our practices in connection with information collected through our services such as websites, mobile sites, applications (“apps”), contests, sweepstakes, and other promotions, the purchase, creation and/or display of non-fungible or other tokens (collectively “NFTs”), delivering video, audio and other content, and other services (together, the “Company Services”) that contain or reference an authorized link to this Privacy Policy.

To access certain features of the Company Services, you may be asked to create or connect a digital wallet (“Wallet”) account, including to enable you to receive, purchase, and/or display NFTs. (These Wallets also are sometimes known as “blockchain wallets” or “crypto wallets.”)  Wallet accounts may be created utilizing a wallet provider either on this website or on another website. For certain transactions you may be asked to create a wallet with Eluvio, Inc. (“Eluvio”) (an “Eluvio Wallet”) or provided with the ability to create a wallet with Torus Labs (a “Torus Wallet”). A Wallet enables you to log-in to participate in certain promotions (e.g., when you log-in to participate in certain events), to purchase NFTs, or to sell, or receive NFTs via other means.  In addition, a Wallet enables you to access and display NFTs that you have purchased or received.  When you create or interact with your Wallet, you are entering a relationship with the Wallet provider and the provider’s privacy policy applies.

When you choose to participate in a promotion that requires you to create or interact with an Eluvio Wallet account, you are entering a relationship with Eluvio.  You should consult the applicable Eluvio privacy policy before you start the process of creating an Eluvio Wallet for such transactions.  We may also receive certain information from Eluvio when you interact with the Company Services using an Eluvio Wallet, as described further below.

Similarly, if you choose to create or interact with a Torus Wallet, you are entering a relationship with Torus.  You should consult the applicable Torus privacy policy before you start the process of creating a Torus Wallet for such transactions.

California residents, please see the California Consumer Privacy Act Notice in Section 8 below.  By using Company Services, you agree to the terms and conditions of this Privacy Policy.  A list of our affiliated companies (“Company Affiliates”) is available at FoxCorporation.com.

As set forth in our Terms and Conditions, the Company Services are for a general audience, are not targeted to children, and do not knowingly collect personal information from or about persons under 18 years of age or the age of majority.

This Privacy Policy applies to all users, including those who use the Company Services without being registered with or subscribing to a Company Service, as well as those who have registered with, subscribed to, or otherwise participated in a Company Service (including creating or connecting a Wallet, purchasing, creating, and/or displaying content, such as NFTs).  This Privacy Policy applies to Company’s collection and use of your personal information (i.e., information that identifies a specific person, such as full name or email address).  It also describes generally Company’s practices for handling non-personal information (for example, interests, demographics, and services usage).

2. COLLECTION OF INFORMATION

Company and our service providers may collect or receive the following information from and about you:

Registration Information is the information you submit to register for a Company Service, for example, to create an Eluvio Wallet through a Company Service; to receive a newsletter; or to participate in an event or promotion, including to purchase, receive or create NFTs.  Registration Information may include, for example, name and email address.

Wallet Information.  If you use a Wallet to interact with a Company Service, we will receive information about your Wallet activity and transactions, for example, your wallet address, available balance, and information about whether you hold or have sold, purchased, or otherwise obtained or received NFTs and, if so, which ones.

Blockchain transaction information is the information we obtain from public blockchains for certain transactions, such as buying, claiming, transferring, selling, or otherwise obtaining or holding NFTs or moving them out of a wallet. It includes, for example, the sending and receiving of public wallet addresses, the amount of any transfer, and information related to the time of the transaction.  We collect this information in connection with primary sales (where we mint an NFT and sell it directly to a specific wallet), for secondary sales (where the wallet holder sells an NFT to a subsequent purchaser), and for other NFTs you may hold.  Please note that for certain features, we may publicly display some information on the Company Services, such as details about NFTs you hold, your public wallet address, and/or associated handle (e.g., in connection with public leader boards).

Authentication Information.  When you create or connect a Wallet on a Company Service, we, or another party, may collect, access, and/or process information, such as email address, other unique identifiers, and cryptographic keys in order to provide authentication services.

Information from Social Sign-On.  If you access or log-in to  a Company Service or your Eluvio Wallet on a Company Service through any social media or single sign-on service (“SSO”), such as Google, Apple or Facebook, or connect a Company Service to a social media service, the information we collect or receive may also include your user ID and/or user name or other unique identifier associated with that SSO, any information or content you have permitted the SSO to share with your Wallet provider or us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that SSO.  When you access the Company Services or, in certain circumstances, your Eluvio Wallet on a Company Service through SSO or when you connect a Company Service to social media services, you are authorizing Company to collect, store, and use such information and content in accordance with this Privacy Policy.

Activity Information.  When you access and interact with the Company Services, Company, its service providers, or other parties may collect certain information about your interactions.  For example, depending on how you are interacting with the Company Services, our servers may receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information.  If you access the Company Services from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data (including your precise location), or other transactional information for that device.

Cookies and other tracking technologies (such as browser cookies, pixels, beacons, local storage, and other mechanisms) use various approaches to collect and store data. Some of these technologies store data in the browser or on your device.  Other technologies may use network-related or other information to recognize your device (e.g., IP address).   Company Services use these technologies, for example, when you first request a web page and data is then stored on your computer or other device so the website or app can access information when you make subsequent requests for pages from that service.  These technologies may also be used to collect and store information about your usage of the Company Services, such as pages you have visited, search history, and the video and other content you have viewed.

Other parties that support the Company Services, such as by serving advertisements or providing services, allowing you to share content, or tracking aggregate Company Services usage statistics, may also use these technologies to collect similar information when you use the Company Services or other parties’ services.  Those parties may also use these technologies, along with activity information they collect, to recognize you across the devices you use, such as a mobile device and a laptop or other computer.  Company does not control these technologies and their use is governed by the privacy policies of parties using such technologies.  For more information about third-party advertising networks and similar entities that use these technologies, including your choices with respect to them, see the section entitled “To deliver relevant advertisements,” below.

Your browser may be initially set to accept cookies, but you can change your settings to notify you when a cookie is being set or updated, and to block cookies altogether.  Please consult the “Help” section of your browser for more information, including on how to clear data from local storage and, depending on your browser, how to turn off other data collection by the browser.  In connection with Google Analytics, please review the site “How Google uses data when you use our partners’ sites or apps,” located at www.google.com/policies/privacy/partners/.  To opt out of Google Analytics specifically, please go to https://tools.google.com/dlpage/gaoptout.  Please note that by blocking any or all cookies you may not have access to certain features, content or personalization available through the Company Services.

Information from Other Sources.  We may supplement the information we collect with information from other sources, such as available information about your online and offline activity from social media services, public blockchain sources, advertising technology companies, advertisers, commercially available sources, and information from our Company Affiliates or business partners.

Do Not Track Signals.  At this time, we do not respond to browser ‘Do Not Track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted.

3. USE AND DISCLOSURE

We may use the information we collect from and about you to provide the Company Services to you, including: to allow you to create, make accessible, purchase, receive, sell, or display NFTs or other content; to enable you to create and use a Wallet through another party; to measure and improve  the Company Services and to develop new products and services; to improve your experience with both online and off-line Company Services by delivering content you will find relevant and interesting, including NFTs, advertising, and marketing messages; to allow you to comment on content, and participate in online games, contests, other promotions, or rewards programs; to provide you with customer support and to respond to inquiries.  In order to provide you with content and advertising that is more interesting and relevant to you, we may use the information from and about you to make inferences and predictions about your potential areas of interest.  When the information collected from or about you does not identify you as a specific person, we may use that information for any purpose or share it with other parties, to the extent permitted by applicable law.

We use the information we collect from and about you for these additional purposes:

To allow service providers to assist us in providing and managing the Company Services.  The information we collect from and about you may be made available to certain service providers, such as contractors, analytics and other measurement companies, agents, or sponsors, who help us analyze and understand your use of the Company Services, and manage, host, and/or provide the Company Services.

To provide co-branded services and features.  We may offer co-branded services or features, such as contests, sweepstakes, or other promotions together with other companies (“Co-Branded Services”).  These Co-Branded Services may be hosted on Company Services or on that other party’s service.  By virtue of these relationships, we may share the information you submit in connection with the Co-Branded Service with that party.  That other party’s use of your information will be governed by its privacy policy.

To deliver relevant advertisements.  Company and our service providers may use the information we collect from and about you as described in this Privacy Policy to deliver relevant ads to you when you use the Company Services or another service (on any of your devices).  As noted above, advertising technology companies and advertisers may use cookies and similar technologies to collect and track information such as demographic information, inferred interests, aggregated information, and information about the different devices and/or browsers you use and your activity on such devices and browsers, to assist them in delivering advertising that is more relevant to your interests.  To find out more about advertising networks and similar entities that use these technologies, see https://youradchoices.com/.  If you wish to opt out of tailored advertising in desktop and mobile browsers, please visit http://optout.aboutads.info/#/ or http://optout.networkadvertising.org/# on each of your devices and browsers.  To opt out in mobile apps, you may use your device’s setting to opt out of ads personalization or similar settings or download and use the AppChoices app at https://youradchoices.com/appchoices.  To opt out on connected TVs, please use the setting to opt out of ads personalization “Interest-based Ads,” or equivalent settings on your device.  Please note that opting-out does not mean that you will stop seeing all ads.

To contact you.  Company may periodically send promotional materials or notifications related to the Company Services.  If you want to stop receiving promotional materials, follow the unsubscribe instructions at the bottom of each email.  There are certain service notifications, like provision of passcodes, and other non-promotional emails that you may not opt-out of, such as notifications of changes to the Company Services terms or policies.  If you have installed a mobile app and you wish to stop receiving push notifications, you can change the settings either on your mobile device or through the app.

To deliver video, audio, and other content. In the ordinary course of our business, we may share information that we collect from or about you with other parties in order to process your requests and fulfill your orders for video, audio, and other content offered through the Company Services. For example, we may share such information together with content viewed in order to help you select content; to provide recommendations; to enable interoperability across platforms or services; to authenticate you (or your device or software) to us or to other services; and to stream or deliver content.

To share with our Company Affiliates.  Company may share your information with Company Affiliates for the purposes described in this Privacy Policy.  A link to a website that lists Company Affiliates can be found at the beginning of this policy.  Users who visit Company Affiliates’ services should still refer to their separate privacy policies, which may differ in some respects from this Privacy Policy.

To share with business partners.  Company may share your information with business partners to permit them to send you marketing communications consistent with your choices.

To protect the rights of Company and others.  There may be instances when Company may use or disclose your information, including situations where Company has a good faith belief that such use or disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company, our Company Affiliates or its or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the Company Services or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.

In connection with a merger, sale of assets, or other corporate transaction.  If Company sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a reorganization, merger or transfer of all or a material part of its business (including in connection with a bankruptcy or similar proceedings), or other corporate transaction, Company may transfer or share your information to the party or parties involved in the transaction as part of that transaction.

 

4. SECURITY

Company uses commercially reasonable administrative, technical, personnel, and physical measures designed to safeguard information in its possession against loss, theft and unauthorized use, disclosure, or modification.  However, no one can guarantee the complete safety of your information.

5. USER ACCESS AND CONTROL

If you would like to access personal information we hold about you or delete your personal information you have previously provided directly to us, please visit https://fcprivacy.exterro.net/portal/dsar.htm?target=BlockChain_Creative_Labs and submit a request.  Please note that, for security reasons, we will ask you to verify your identity in order to proceed with your request.  If you would like to review, correct, update, suppress, or otherwise limit our use of your personal information, you may contact us using the mechanism outlined below.  In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to change, update, or suppress.  We will try to comply with your request as soon as reasonably practicable and consistent with applicable law.

If you are a resident of California, please see the section entitled “California Consumer Privacy Act Notice,” below, for more information about the rights you have under California law.

You may request that we not share your personal information on a going-forward basis with Company Affiliates or unaffiliated third parties for their direct marketing purposes by visiting  https://help.fox.com/s/support-form, and submitting a ticket with “Privacy & Security” as the topic that best describes your issue. Please provide your email address in the designated space and your full name and specific Company Service you have signed up for in the “Description” field.  We will try to comply with your request(s) as soon as reasonably practicable and consistent with applicable law.

6. OTHER IMPORTANT INFORMATION

Updates to this Privacy Policy.  Company may modify this Privacy Policy.  Please look at the Effective Date at the top of this Privacy Policy to see when this Privacy Policy was last revised.  Any changes to this Privacy Policy will become effective when we notify you, such as by posting the revised Privacy Policy on the Company Services.

Location of Data.  The Company Services are hosted in and managed from the United States.  If you are located outside the United States, , by using any of the Company Services, you understand and consent to having any personal information processed in the United States or in any other country in which we have facilities or in which we engage service providers.  United States and other countries’ data protection laws may not be the same as those in your jurisdiction.

Eluvio Services.  When you interact with your Eluvio Wallet — such as when you log into your Eluvio Wallet or use your Eluvio Wallet to engage in transactions or access and display NFTs — or use other Eluvio functionality, you are interacting with Eluvio.  In addition, your NFTs purchased through and held in your Eluvio Wallet are hosted on a blockchain network operated by Eluvio, which is currently known as the Eluvio Content Fabric. You should review the Eluvio privacy policy for information about the collection, use and sharing of your information by Eluvio and the Eluvio Content Fabric, as well as for information about the choices and rights that Eluvio makes available to you.

Other Wallet Services.  When you interact with your Wallet or wallet connection service — such as by logging in, connecting, using it to engage in transactions, or to access or display NFTs — you are interacting with that Wallet provider (e.g., Torus) or connection service (e.g., WalletConnect). NFTs purchased through and held in your Wallet may be hosted on a blockchain network operated by another party. You should review the Wallet provider’s privacy policy for information about the collection, use and sharing of your information and the choices and rights the Wallet provider makes available to you.

Linked Services.  The Company Services may be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, marketplaces, games, newsletters, contests or sweepstakes, or other functionality or applications developed and maintained by unaffiliated companies.  Company is not responsible for the privacy practices of unaffiliated companies, and once you leave the Company Services or click an advertisement you should check the applicable privacy policy of the other service.

In addition, Company is not responsible for the privacy or data security practices of other organizations, such as Discord, Facebook, Instagram, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organizations through or in connection with the Company Services.

Collection of Personal Financial Information by a Payment Service. In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”).  If you wish to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service.  Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than this Privacy Policy.  We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Service.  When you are using an Eluvio Wallet, the Payment Services functionality is operated by Eluvio and its partners.  Please review the Eluvio privacy policy for more information. Other Payment Services may be provided by other Wallet providers; please read their privacy policies for more information.

Data Retention.  We will retain your information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Remember that even after you cancel your account, or if you ask us to delete your personal information, copies of some information may remain viewable in some circumstances where, for example, you have shared information with social media or other services.  We may also retain backup information related to your account on our servers for some time after cancellation or your request for deletion, for fraud detection, or to comply with applicable law or our internal security or recordkeeping policies.  It may not always be possible to completely remove or delete all of your information due to technical constraints or contractual, financial or legal requirements.

7. CONTACT US

If you have questions about this Privacy Policy, please contact us by visiting https://help.fox.com/s/support-form, and submitting a ticket with “Privacy & Security” as the topic that best describes your issue. Please provide your email address in the designated space and your full name and specific Company Service your question pertains to in the “Description” field.

8. CALIFORNIA CONSUMER PRIVACY ACT NOTICE

This California Consumer Privacy Act Notice Section provides information for California residents in connection with the California Consumer Privacy Act (“CCPA”).  Under the CCPA, and for purposes of this Section, “Personal Information” generally means information that identifies, relates to, or describes a particular California resident and includes the categories listed below.  This Section 8 provides details about the categories of Personal Information of California residents that we have collected, disclosed, or “sold” during the last 12 months, as well as rights California residents have under California law.

Categories of Personal Information Collected, Disclosed, and/or Sold:

The categories of Personal Information that we collected, disclosed, and/or “sold” are below, along with the categories of third parties to whom each category of Personal Information was disclosed, and/or “sold.”  Please note that we disclose some categories of Personal Information in connection with certain types of advertisements, which could be considered a “sale” under the CCPA.  Also, depending on the California resident’s interactions with us, Company may not have collected, disclosed, or “sold” each of these categories about each individual.  Additionally, we do not knowingly “sell” Personal Information of minors under 16 years of age.

Category of Personal Information Collected Categories of Third Parties to Whom Personal Information Is Disclosed Categories of Third Parties to Whom Personal Information is “Sold”
Identifiers, such as name, IP address, email address, and online and device identifiers Service providers, Company Affiliates, and other providers or partners that support our operational business purposes

 

Advertising technology companies; advertisers 
Personal information, as defined in the California Customer Records law, such as contact and financial information Service providers, Company Affiliates, and other providers or partners that support our operational business purposes

 

Advertising technology companies; advertisers 
Commercial information, such as transaction information and purchase history Service providers, Company Affiliates, , and other providers or partners that support operational business purposes

 

N/A
Internet or network activity information, such as browsing history and interactions with our websites, mobile, or connected TV applications (collectively, “Company Digital Properties”)

 

Service providers, Company Affiliates, and other providers or partners that support operational business purposes Advertising technology companies; advertisers 
Geolocation data, such as device location Service providers, Company Affiliates, and other providers or partners that support operational business purposes

 

N/A
Audio, electronic, visual and other similar information, such as call recordings  Service providers, Company Affiliates, and other providers or partners that support operational business purposes

 

N/A
Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics. Service providers, Company Affiliates, and other providers or partners that support our operational business purposes Advertising technology companies; advertisers 

Please note that the CCPA definition of “sale” does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other similar transaction involving of all or any portion of our business.

Sources of Personal Information.  We collect this Personal Information directly from California residents themselves, and we may also collect this Personal Information from Eluvio; Wallet providers; blockchains; joint marketing, co-promotional, or advertising partners, including advertising technology companies and advertisers; Company Affiliates; and sources of demographic and other information.  We also may obtain Personal Information that is made available to Eluvio or us by social media platforms or SSO providers (e.g., if the individual has created an account via SSO or connected a social media account to a Company Service).  Depending on the individual’s interactions with us, Company may not have collected Personal Information from each of these categories of sources.

Purposes.  We may use this Personal Information for the following purposes:

  • to operate, manage, and maintain our business;
  • to provide our products and services;
  • to accomplish our business purposes and objectives, including:
    • developing, improving, repairing, and maintaining our products and services;
    • personalizing, advertising, and marketing our products and services;
    • conducting research, analytics, and data analysis;
    • maintaining our facilities and infrastructure;
    • quality and safety assurance measures;
    • conducting risk and security controls and monitoring;
    • detecting and preventing fraud;
    • performing identity verification;
    • performing accounting, audit, and other internal functions;
    • complying with law, legal process, and internal policies;
    • maintaining records; and
    • exercising and defending legal claims.

Depending on the California resident’s interactions with us, Company may not have used Personal Information collected about that resident for each of these purposes.

 California Rights.  If you are a California consumer, you have the following rights:

  • Right to Know. You have the right to request that we disclose to you the following information:
  • The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information during the 12 months prior to your request;
  • The specific pieces of Personal Information we collected about you during that time period;
  • The business or commercial purpose for collecting, disclosing, or selling Personal Information about you;
  • The categories of Personal Information about you that we sold and the categories of third parties to whom we sold that Personal Information; and
  • The categories of Personal Information about you that we otherwise shared or disclosed and the categories of third parties with whom we shared or disclosed that Personal Information.

To make a request for your Personal Information, please click here or call us at 888-596-3929.  You will need to provide your name and email address, along with other details about your request.  You will then receive verification instructions by email.  In some circumstances, we may need additional information from you to verify your identity or proceed with your request.

You can use an authorized agent to submit a request for your Personal Information.  When submitting a request online, your authorized agent should select the “Other” option on the form and, in the field provided, include your name, your email address, and whether or not you have an account/profile with us.  In addition to verifying your identity, as described above, we also will need to verify your authorized agent’s ability to act on your behalf (e.g., by receiving a copy of your signed permission).  Once verification is complete, we may communicate directly with you for privacy and security reasons.

Please note that, in some instances, we may decline to honor your request, where, for example, we are unable to verify your identity or an exception to this right applies.

(2) Right to Request Deletion. You have the right to request that we delete Personal Information we collected from you.

To make a request for deletion, please click here or call us at 888-596-3929. You will need to provide your name and email address, along with other details about your request.  You will then receive verification instructions by email.  Please note that you also will be asked to separately confirm that you would like to proceed with your deletion request. In some circumstances, we may need additional information from you to verify your identity or proceed with your request.

You can use an authorized agent to submit a request for deletion.  When submitting a request online, your authorized agent should select the “Other” option on the form and, in the field provided, include your name, your email address, and whether or not you have an account/profile with us.  In addition to verifying your identity, as described above, we also will need to verify your authorized agent’s ability to act on your behalf (e.g., by receiving a copy of your signed permission).  Once verification is complete, we may communicate directly with you for privacy and security reasons.

Please note that, in some instances, we may decline to honor your request where, for example, we are unable to verify your identity or an exception to this right applies.

(3) Right to Opt-Out of Sale. As noted above in this section, we share some categories of Personal Information in connection with certain types of advertisements. Because interest-based advertising relies on cookies and other similar technologies, opting out needs to be controlled at the device and/or browser level.  If you wish to opt out of the sharing of your Personal Information in connection with tailored advertising in desktop and mobile browsers, please visit http://optout.aboutads.info/#/ or http://optout.networkadvertising.org/#. To opt out in mobile apps, you may use your device’s “Limit Ad Tracking” or similar settings or download and use the AppChoices app at https://youradchoices.com/appchoices.  To opt out on connected TVs, please use the “Limit Ad Tracking,” “Interest-based Ads,” or equivalent settings on your device.  Please note that opting out does not mean that you will stop seeing all ads.

You can visit our “Do Not Sell My Personal Information” Internet Webpage here.

Right to be Free from Discrimination.  You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.