Privacy Policy

This page was updated on November 2021

NFT GOLD HEART LTD ("Gold Heart" or "We") is committed to maintaining the privacy of its users ("You" or "User"). Gold Heart adheres to strict data protection practices and implements data protection policies and procedures to assure that the privacy of its users will be adequately protected. The following information describes how Gold Heart collects and processes information about you when you use our Platform and Website (as defined below). Our Privacy Policy explains:

  • What information we collect and why we collect it.
  • How we use that information.
  • Your rights with regard to the collection of such information
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General

Gold Heart provides a marketplace platform (the "Platform") which enables users to purchase non-fungible tokens ("NFTs"), from variety of artists who are auctioning their artworks among the Platform ("Services"). Gold Heart's website provides information on the Platform and Services and enables users to contact Gold Heart when they wish to do so ("Website").

Using our Platform via your Device

Users can access our Platform and Website on a device ("Device"). A Device is any computer used to access the Platform or Website, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access to the Platform and Website, regardless of how you access it, and by using our Platform and Website you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

Collecting Information

Please note that the scope of this Privacy Policy is limited only to information collected by Gold Heart through your use of its Platform. Some information may be automatically collected, and some is collected when you interact with our Platform. The type of information that may be automatically collected is non-personal information, which includes your session durations, the content you accessed on the Platform and Website, information about your Device and your internet connection and the frequency and scope of your use of the Platform. Information from which you can be personally identified may also be collected, including but not limited to your name, username, email address, wallet address, and the location of the Device through which you used the Platform and Website (hereinafter: "Personal Information") Your Personal Information will be collected, without limitation, as described below:

  • When you register to use the Platform

If you register to create a Gold Heart account ("Account"), we will collect your Personal Information such as your name, username, phone number, IP address and email address to enable you to use the Platform. Alternatively, if you choose to register via your Single Sign-On account (“SSO”) such as Apple, Facebook or Google accounts (if available on the Website), Gold Heart will be provided with access to information these SSO services obtain about you, and all in accordance with your Apple, Facebook or Google accounts' privacy settings. The information we collect in this manner typically includes your username, userID, email address and public information from your profile on these services.

  • When you create a Gold Heart Profile

When you create an Account, we will create a profile for you. For that purpose we will collect your name, username, email address, any files and content you choose to upload and content you wish to share or sell. Users can choose to have their Accounts private or public. Please note, that if your Account was made public, or you choose to share your information uploaded to Gold Heart on a social media account, some Personal Information you submitted will be made available to other users of the Platform and Website and users of the relevant social media account. Some information included in a private Account, such as your name, username, photo, account value, number of followers and number of following, mutual followers, will also be visible to all users of the Platform and Website.

  • Connecting your wallet

If you choose to connect your cryptocurrency wallet via platforms such as Metamask, WalletConnect, Coinbase or others, in order to buy ………… tokens and place a bid, Gold Heart will be provided with access to your cryptocurrency wallet login credentials, and all in accordance with your Metamask, WalletConnect, Coinbase or any other cryptocurrency wallet privacy settings.

  • Buying ……… tokens

If you choose to buy ……… tokens in order to place a bid on the Platform, we will collect your payment information if you make a transaction via the Platform. Gold Heart uses third party payment processors to assure that your payment details are secured in accordance with the highest security standard.

  • Register to Receive Marketing Materials

If you wish to receive marketing materials from Gold Heart, we will collect your email address and your consent for sending you marketing materials.

  • Contacting Us

If you wish to contact us for support regarding our Platform, Services, this Privacy Policy or any other matter, we will collect your name, email address and the content you submitted to facilitate your inquiry.

Use of Information

We use the Personal Information we collect from you for a range of different business purposes according to different legal bases of processing. We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously.

Providing the Requested Services:

We collect your Personal Information to provide you with the Services you contracted to receive when using the Platform. Such collection of information will enable us to provide you with technical and professional assistance, with regard to the functionality of the Platform or to any inquiry you submit to us through it. We process the Personal Information where it is necessary for the adequate performance of the contract regarding your use of our Platform.

Improvement and Development of the Services:

  • We collect Personal Information to improve and develop our Platform and understand feedback on Gold Heart’s Services and to help provide more information on the use of those Services via our Website and Platform.
  • We collect Personal Information for the ongoing review and improvement of the information provided on our Platform and Website to ensure they are user friendly.
  • We collect Personal Information to improve the management and administration of our business and maintain compliancy with our internal policies and procedures.
  • We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our Platform, develop new features, and conduct audits and troubleshooting activities.
  • We process this information in light of our legitimate interest in improving the Platform and Services, to allow our users to have the best experience.

Maintain A Safe and Secure Environment

We may use your information to detect and prevent fraud, abuse and security incidents in the following ways:

  • Verify and authenticate your identity and prevent unauthorized or illegal activity.
  • Enhance the safety and security of our Platform and Website.
  • Conduct security investigations and risk assessments.
  • Prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law.

We process this information in light of our legitimate interest in improving our Platform and Website by enabling our users to browse in a secure environment.

Personalize Content, Advertising and Marketing

  • If you have used Gold Heart’s Services in the past, we have a legitimate business interest for matching the data we collect with other data we had already collected.
  • This enables us to understand your needs and interests, optimize the content we send you, provide you with relevant notifications and make the Platform more suitable and relevant to your needs.
  • This also enables us to improve your experience on the Platform by providing you with personalized content, recommendations, and features.

We process this information in light of our legitimate interest to personalize your experience and customize our content.

Disclosure of Information and Transfer of Data

Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information, to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under law.

We may share your Personal Information with our affiliates, subsidiaries, partners or any third party companies and individuals to facilitate our Services or any portion thereof, such as cryptocurrency wallet platforms, Art creators and our partners utilizing the Platform, as well as marketing, storage, data management or maintenance services. We will share your Personal Information, to the extent required, with cryptocurrency wallet platforms who will process your …………. token purchases, in case you wish to place a bid. We will also share your Personal Information with third party payment processors who will process your payment details if you choose to purchase ……………. tokens directly from the Platform (without the use of a cryptocurrency wallet). Additionally, if you purchase an artwork on the Platform, we may share your information with the artist who created the artwork or the owner or holder of rights in the artwork, or if you are an artist, with the user who is interested in your art. We may also share your information with analytics service providers for analytics purposes. Such analytics service providers set their own cookies or other identifiers on your Device, through which they can collect information about your usage of our Platform. This helps us compile aggregated statistics about the effectiveness of our Platform and Services.

The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third parties process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data.

We may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate changes. Furthermore, information about you may also be released in order to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if you use the Platform or Website to perform an unlawful act or omission or take any act or omission that may damage Gold Heart, its property and goodwill, or if there is an attempted breach of the security of the Platform or a physical or property threat to you or others. With respect to our data protection practices, you have the right to file a complaint to any relevant supervisory data protection authority.

Your Rights

You have the right at any time to request to access or modify your information. To exercise these options, please contact us at ………..[email]………….

In some jurisdictions, in particular those located within the European Union (the "EU") or within the European Economic Area (the "EEA"), you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights to:

  • Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.
  • Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.
  • Object to an automated decision-making (including profiling) in certain circumstances.
  • Request the erasure of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it;
  • Receive your Personal Information, or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.

If you wish to file a request regarding any of the above, you may contact us at: ………..[email]………….

Cookies

We may use "cookies" and/or other technologies or files (collectively, "cookies") to identify how users make use of our Platform. This aggregated tracking information may be used to help us improve and enhance the Website and Platform’s experience for all of our users. In addition, cookies are used for adjusting the Website and Platform to your personal preferences. Cookies contain information such as the pages you visited, the length of time you stayed on the Platform and Website, the location from which you accessed the Platform and more. If you would prefer not to have cookies stored on your Device, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by rejecting the cookies, you may be unable to fully access the offerings on our Platform and Website. To find out more about cookies, visit www.allaboutcookies.org.

Opt In or Opt Out

If, at any time, you would like to stop using our Service or opt out of a feature, or stop receiving relevant materials from us, you may notify us by writing to ………..[email]…………. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request.

Links to Other Websites

This Platform and Website may provide links to other websites. Please be aware that these other websites are not covered by our Privacy Policy. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, companies or individuals, which are not owned or controlled by Gold Heart. We suggest that when linking to another website, you always read that website’s privacy policy before volunteering any personally identifiable information.

Data Security

We deploy industry standard, or better measures to ensure the security, confidentiality, integrity and availability of Personal Information we process. We maintain physical, technical and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know’ basis for the provision of Services to you. In the event of a security breach, we will take all reasonable action to minimize any harm, including with regard to notifications. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to our Platform and Website, and transmission is at the users own risk.

Data Retention

Generally, Gold Heart does not retain information longer than necessary to provide its Services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the information is required for Gold Heart to establish, exercise or defend against legal claims or it is necessary for the performance of the requested Services.

CAN SPAM

Act The CAN-SPAM Act is a Federal US law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the commercial message sent to you as an advertisement when required.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at ………..[email]…………. and we will promptly remove you from ALL correspondence.

Children's Privacy

The Platform is not intended for children under the age of 18. We do not, knowingly or intentionally, collect information about children who are under 18 years of age.

IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE PLATFORM.

Questions Regarding Our Privacy Policy

If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact us at ………..[email]………….

Revisions and Modifications to our Privacy Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.

Governing Law and Jurisdiction

This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel to the exclusion of any other jurisdiction.