TERMS OF BUSINESS
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These Terms and Conditions, together with the terms set out on the front of the invoice and those set out in the correspondence confirming the sale, outline the entire Agreement between the addressee of the Sales Invoice (the “Purchaser”) and The House of Fine Art Limited (the “Gallery”) relating to the sale of the Work(s)
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Full payment must be received within seven days of receipt of the Sales Invoice
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The Gallery is authorised to sell the artwork(s) on behalf of the artist (the “Artist”)
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The Gallery warrants to the Purchaser that the artwork(s) is an authentic artwork(s) by that artist and the invoice, along with the artist’s original signature on the artwork(s), stand as proof of the authenticity of the work and no further certificates will be provided
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No copyright or other intellectual property rights in the artwork(s) are granted to the Purchaser and the Artist’s moral rights (including the Artist’s right to be identified as author of the artwork(s) are hereby asserted
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Title to the artwork(s) will pass to the Purchaser only on full receipt of the Sales Invoice total by cleared funds, and the Purchaser shall be responsible for the artwork(s) and risk shall pass to the Purchaser, so must therefore make appropriate arrangements to insure the artwork(s) from this time
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Artwork(s) will be stored free of charge for a period of sixty days, after which time any artwork(s) not shipped or paid will incur storage charges for which the Purchaser will be liable. The Gallery will send the Purchaser a reminder four weeks after the Sales Invoice has been raised if the artwork(s) have not been shipped or paid with details of the storage charges expected to incur. Storage charges will be based on £6.50 per cubic meter per week, equivalent to £28.00 per calendar month
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Artwork(s) shall not be released to the Purchaser until the Gallery has received the full Purchase Price in cleared funds and the Purchaser has paid any storage costs due under Clause 6 above
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The Purchaser is responsible for all associated crating and shipping costs, unless otherwise agreed in writing between the Gallery and the Purchaser
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The Gallery is VAT registered and the business operates under the VAT margin scheme; all transactional VAT implications will be explained to the Purchaser by the Gallery at the point of sale
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In the event of an export sale where the Purchaser arranges their own export or export clearance, the Purchaser must send proof of export (“POE) to the Gallery within one month of the date of the Invoice. Should the Purchaser fail to provide a satisfactory POE the Gallery is entitled to charge the Purchaser UK VAT of 20% on the Purchase Price
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The gallery may use personal information supplied by the Purchaser and the Purchase Price to fulfil its obligations to the Purchaser and for administrative purposes. The Gallery may share such information with its affiliated companies as necessary to fulfil its obligations to the Purchaser with third parties (e.g. shippers). The Gallery may also share the Purchase Price, the Purchaser’s identity and the Purchaser’s location with the Artist. For all such purposes, the Purchaser consents to the Gallery transferring such information to countries outside the European Economic Area, whose applicable laws may not protect personal data to the same extent as the EEA.
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The Purchaser agrees to notify the Gallery of the donation or sale of the Work(s) to an institution in the future, for provenance purposes, subject to the resale rules set out on the Sales Invoice
- The buyer agrees that they will not sell or otherwise dispose of (or attempt to) the artwork(s) during a three year period, starting from
the date on the invoice, other than by mandating Unit London as their exclusive agent to carry out the transaction.
If the buyer fails to comply with the re-sale rules set out above, they will promptly indemnify the gallery to an amount equal to the difference between (i) the selling price of similar artworks in perfect condition of the artist at the last public auctions and (ii) the price paid for the acquisition of such artwork(s) -
In the event an artist is unable to complete a commissioned work in the agreed timeframe, the gallery will refund the Commissioner in full
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In the event of the Purchaser cancelling a sale, refunds may be offered at the gallery’s discretion in the form of gallery credit, with the only exceptions being a commission which does not meet the Commission Agreement terms or artwork(s) being damaged beyond reasonable repair
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The gallery reserves the right to terminate any sale at its discretion if any of the sale terms are not met
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The House of Fine Art operates on a strictly non return policy and all sales are final
Deposit payments to secure an artwork are refundable for up to 7 days from payment, unless custom framing has been requested. Deposits for custom framed works can be refunded in full minus the cost of the frame, up to 7 days from payment.
Deposits for specifically commissioned works are non refundable.
All deposits on bookings made for event hire are non-refundable.
All deposits on artworks are non refundable after 7 days from payment. All deposits on artworks purchased during an Art Fair are non-refundable.
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The contract of sale of the artwork(s) and any contractual or non-contractual dispute or claim arising from or in connection with the sale shall be governed by the law of England and Wales. For claims against the Artist and the Gallery, the courts of England and Wales shall have exclusive jurisdiction to settle all disputes arising under or in connection with the sale, but that the Artist and the Gallery shall have the right to bring proceedings in any other court of competent jurisdiction within or outside of England and Wales.
NFT PLATFORM TERMS OF SERVICE
These Terms of Service (Terms) govern your access to and use of the HOFA.io proprietary electronic platform operated by Kreation Technologies LTD whereby users can acquire NFTs from HOFA.io (the “NFT Platform”), our APIs, and any other software, tools, features, or functionalities provided on or in connection with the NFT Platform as well as other products and services that may be developed from time to time and all uses thereof unless otherwise provided (the Services). Reference to HOFA.io, we us, or our in these Terms shall be a reference to Kreation Technologies LTD (incorporated and registered in United Kingdom under company number 13392412).
If you are using the Services or a related service on behalf of a company then Customer, user or you
Please note that we may modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, by providing notice through the NFT Platform or by updating the “Terms Last Updated” date at the end of these Terms. By continuing to access the NFT Platform or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated herein by reference effective as of the date these Terms are updated. You should make sure to check this page from time to time to ensure that you understand the Terms that apply when you access the NFT Platform or use the Services.
Please read these Terms carefully as they contain important information and affect your legal rights. By clicking to accept and/or using the NFT Platform and the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access the NFT Platform or use the Services.
- OUR PLATFORMs
- HOFA.io provides the NFT Platform through which users can access the Services and amongst other uses, view and purchase NFTs from HOFA.io.
- These Terms govern your use of the NFT Platform and associated Services only.
- In these Terms NFT means any non-fungible cryptographically secured digital representation of value or contractual rights that use a form of distributed ledger technology, commonly known as a blockchain network, and that can be transferred, stored or traded electronically, such as those conforming to the ERC-721 or ERC-1151 standard.
- Accessing the NFT Platform and the services
- To access and use the NFT Platform you will be required to provide HOFA.io with your full name, e-mail address, telephone number, digital wallet address and other data referred to in HOFA.io’s NFT Platform Privacy Policy (currently available at [insert URL to privacy policy]).
- In order to purchase an NFT on the NFT Platform, you will need a blockchain address and a third-party digital wallet which allows you to engage in transactions on blockchain networks. Depending on your payment method, you may also need to create an account with our third-party payment processor named Paella Inc., d/b/a Crossmint and our third party wallet services provider named Fireblocks. Some or all of your payment may be made directly or for the benefit of the artist that has created the artwork to which the NFT relates.
- The information you provide to us must be accurate, current, and complete, and will be governed by HOFA.io’s NFT Platform Privacy Policy. You agree to keep the information you provide to us up to date so that we may send notices, statements, and other information by email or through you.
- You must ensure that any username, password, and other access credentials (such as API tokens and seed phrases) for the Services are kept strictly confidential and not shared with any other person.
- If you discover an issue related to any of the information you have provided us or as a result of your information being compromised you should notify us at [insert email address].
- We may require you to provide additional information and documents from time to time, for example if required by any government authority or applicable law or regulation or to investigate any breach by you of these Terms.
- We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
- You acknowledge that your access to the NFT Platform and the Services may be interrupted from time to time and we have no liability to you for any such interruption.
- Subject to your compliance with these Terms, when you agree to take receipt of a NFT on the NFT Platform, the NFT will be transferred to your own digital wallet and you shall have the right to use such NFT in accordance with paragraph 7.
- Subject to your compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable licence to access the NFT Platform and use the Services.
- User Conduct
- You are responsible for all matters relating to the information you provide to us, including your blockchain accounts or addresses linked to it, and for ensuring that all uses thereof comply fully with these Terms and any applicable law.
- You are responsible for your conduct while accessing the NFT Platform and using the Services.
- You agree you will not:
- use the NFT Platform or the Services in any way that could damage, disable or impair the functionality of the NFT Platform or the Services;
- reverse engineer, duplicate, decompile, disassemble or decode any aspect of the NFT Platform or the Services or do anything that might discover the source code;
- use the NFT Platform or the Services for business purposes; or
- use the NFT Platform or the Services in any manner that could interfere with, disrupt or negatively impact other users from their use of the NFT Platform or the Services.
- NFTs
- We list NFTs through the NFT Platform on behalf of HOFA.io and our affiliates and licensors. As described above, as part of the provision of the Services, users may take receipt of NFTs from HOFA.io through the NFT Platform.
- We do not investigate and cannot guarantee or warrant the authenticity, uniqueness, originality, marketability, legality or value of any NFT created or traded using the Services.
- You acknowledge that the value in an NFT is subject to volatility and fluctuations in the cryptocurrency market and other external factors for which HOFA.io has no control over. The transfer to you of a NFT comes without any indication or guarantee of its future value.
- If you have any issue with your NFT you should contact HOFA.io’s customer services at [insert email address] and we will provide you with reasonable assistance to resolve your issue.
- Taxes
- You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to NFTs (including any NFTs).
- use of Digital WALLET
- By using your digital wallet as part of the Services you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. You accept that we have no responsibility for, or liability to you, in connection with your use of a digital wallet and make no representations or warranties regarding how the Services will operate with any third party wallet. We have no custody or control over the contents of your digital wallet and cannot retrieve or transfer its contents. If you discover an issue related to your digital wallet or as a result of your digital wallet being compromised you should notify your digital wallet provider.
- Rights over NFTs
- We hereby grant you the perpetual, subject to royalties right and licence to publish, display, distribute, re-sell and use in utilities / applications developed by HOFA.io or any third party any NFT you have purchased on the NFT Platform on any other secondary marketplace (Marketplace Activity).
- It is acknowledged and accepted that subject to paragraph 7.1, HOFA.io and our affiliates and licensors (as applicable) (Licensors) shall retain ownership of the Marks including to the extent that any such Marks are included in and/or form part of any NFT or any part of the Services. Any and all goodwill generated as a consequence of the use of a NFT will inure to the benefit of the applicable Licensor and HOFA.io and its Licensors reserve all rights in connection with the NFT Platform, the Services and the Marks, including the right to create derivative works. You agree not to take any action which is inconsistent with the ownership interests of HOFA.io and our Licensors in the Marks.
- Without prejudice to paragraph 7.2, you acknowledge the right granted to you under paragraph 7.1 is subject to our approval of such utility/application in advance in our sole discretion (and you agree that any such approval may be conditioned as we in our sole discretion determine, save that we may not impose conditions that alter the terms otherwise applicable to the NFT under these Terms).
- In these Terms, Marks means: (a) any trade marks, trade names, service marks, trade dress, logos, URLs and domain names; (b) any identifying slogans and symbols; (c) any abbreviation contraction or simulation of any of the items in paragraph (a) or paragraph (b); and (d) the look and feel of the HOFA.io and its Licensors (as applicable), whether or not registered.
- Restrictions on Use of NFTs
- You agree that any NFT is for use by you for personal activity only and you shall not be permitted to use any NFT for business purposes or any other non-personal activity (such as for the creation of derivative works).
- Marketplace Activity shall be considered personal activity, provided that such Marketplace Activity is not for business purposes.
- NO WARRANTIES GIVEN
- You agree that your use of the Services shall be at your sole risk. To the fullest extent permitted by law, HOFA.io, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the NFT Platform and the Services and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness and timeliness. We make no warranties or representations about the accuracy, availability, reliability, security or completeness of the NFT Platform or the content of the Services. The NFTs, the NFT Platform and the Services are being provided on an “as is” and “as available” basis.
- You accept:
- the security risks of providing information and dealing online over the internet; and
- that issues with any blockchain network (and the blockchain network itself) supporting any NFT cannot be controlled by HOFA.io,
and you will not hold HOFA.io liable for any losses incurred by you in connection with the provision of information by you over the internet or your use of any blockchain network.
- We will not be liable or responsible to you for any use of NFTs including: (a) claims arising from user error (including errors in blockchain addresses or digital wallet details); (b) unavailability or failures in the NFT Platform; (c) unauthorised access or use of the information you provide to us, including your digital wallet, by a third party; or (d) any other unauthorised third party activities on the NFT Platform.
- You agree that HOFA.io, its officers, directors, employees, and agents shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with any third-party website or transactions completed, and any contract entered into by you, with any third-party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party. HOFA.io recommends that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. HOFA.io does not endorse or approve any third-party website nor the content of any third-party website made available via the NFT Platform.
- Feedback
- You agree that any feedback, comments and/or suggestions for improvements of the NFT Platform or the Services (Feedback) does not give or grant you any right, title or interest in the Feedback. You agree that we may use and disclose the Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and you hereby assign any and all right, title and interest (including any intellectual property right) that you may have in and to any Feedback.
- NON-RELIANCE
- You agree that you are knowledgeable and experienced in using and evaluating blockchain and related technologies and assets, including NFTs. You have conducted your own thorough independent investigation and analysis of the Services and the other matters contemplated by these Terms, and have not relied upon any information, statement, representation or warranty, express or implied, written or oral, made by or on behalf of us in connection therewith, except as expressly set forth by us in these Terms.
- Limitation of Liability
- To the fullest extent permitted by law, you agree that in no event will HOFA.io be liable to you for any loss of profits, loss of use or corruption of software, data or information, loss of or damage to goodwill and indirect or consequential loss regardless of how such loss arises or is caused.
- Nothing in these Terms limits any liability which cannot be legally limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
- Subject to paragraphs 12.1 and 12.2 and the other provisions of these Terms, the maximum aggregate liability of HOFA.io to you shall in no event exceed one hundred pounds sterling (£100).
- Severability
- If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
- Assignment
- HOFA.io may at any time assign, novate or otherwise transfer its rights and obligations under these Terms (Transfer) to an affiliate company subject to providing you with notification of such Transfer via the NFT Platform, by email or by some other form of notification to you using the information you have provided to us.
- Governing Law and Jurisdiction
- These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
Introduction
Welcome to HOFA.io’s NFT Platform privacy policy.
HOFA.io respects your privacy and is committed to protecting your personal data. This privacy policy (together with our NFT Platform Terms of Service) applies to your use of the NFT Platform (regardless of where you visit it from) and tells you about your privacy rights and how the law protects you.
- IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy policy
This privacy policy aims to give you information on how HOFA.io collects and processes personal data we collect from you (either directly or via third parties), or that you provide to us through your use of the NFT Platform.
We may receive your personal data via the following routes: (i) Direct interactions. You may give us your Identity, Contact and Financial Data on the NFT Platform; (ii) Automated technologies or interactions. As you interact with the NFT Platform, we will automatically collect Technical, Profile and Usage Data about your equipment, browsing actions and patterns; and (iii) Third parties. We will receive personal data about you from certain third parties. Further details on the ways in which we may receive your personal data is set out in section 3 below.
The NFT Platform is not intended for children, and we do not knowingly collect data relating to children.
It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.
Controller
Kreation Technologies LTD (incorporated and registered in United Kingdom under company number 13392412) is the controller and responsible for your personal data (collectively referred to as HOFA.io, we, us, or our in this privacy policy).
Contact details
If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:
Full name of legal entity: Kreation Technologies LTD
Email address: [insert email address]
Postal address: [insert postal address]
Telephone number: [insert phone number]
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review. It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email or when you next log onto the NFT Platform. The new policy may be displayed on-screen, and you may be required to read and accept the changes to continue your use of the NFT Platform.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
The NFT Platform includes links to third-party websites, 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-party websites and are not responsible for their privacy statements. When you leave the NFT Platform, we encourage you to read the privacy policy of every website you visit.
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes physical address(es), blockchain address(es), postcode, email address and telephone numbers.
- Financial Data includes digital wallet details.
- Transaction Data includes details about products and services supplied by us to you.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our NFT Platform.
- Profile Data includes your username and password, orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes details of your use of our NFT Platform.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature of the NFT Platform. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data on our NFT Platform, uploading documentation to the NFT Platform or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- purchase an NFT via our NFT Platform;
- subscribe to our service or publications;
- request marketing to be sent to you; or
- give us feedback or contact us.
Automated technologies or interactions. As you interact with our NFT Platform, we will automatically collect Technical, Profile and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, usage and feedback logs and other similar technologies. If you supply us with financial documents through our NFT Platform you should be aware that we may also collect Transaction Data. We may also receive Technical Data about you if you visit other websites employing our cookies.
Third parties. We will receive personal data about you from our know-your-customer (KYC) service provider Sum and Substance Ltd, a company incorporated and registered in England with registration number 09688671 and registered office at 30 St. Mary Axe, London, England, EC3A 8BF for the purposes of verifying your identity and conducting KYC/AML checks which you may be subject to in certain circumstances in connection with your use of the NFT Platform. Such checks will always be carried out at your discretion.
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 NFT Platform may become inaccessible or not function properly. For more information about the cookies we use, please see [insert link to Cookie Policy].
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
- Where you have consented before the processing.
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
We will only send you direct marketing communications by email if we have your consent or where we have previously given you an opportunity to object to the provision of direct marketing by email in the course of a sale or negotiations for sale of a product or service with you and you have not objected. Where the latter occurs, we will only send you marketing communications about the same or similar products and services which we feel may be of interest to you. You have the right to withdraw consent and/or indicate you no longer wish to receive marketing communications from us at any time by contacting us.
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing [insert email address] with a Subject Line of “Opt-Out”.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of service purchase or other transactions.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all 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 table below.
|
Purpose/Activity |
Type of data |
Lawful basis for processing |
|
Registering for your purchase via the NFT Platform. |
(a) Identity (b) Contact (c) Technical (d) Profile |
(a) Your consent. (b) Performance of a contract with you. |
|
Uploading content for your use of the NFT Platform in the performance of the Services. |
(a) Identity (b) Contact (c) Financial (d) Transaction (e) Technical |
(a) Your consent. (b) Performance of a contract with you. (c) Necessary for our legitimate interest. |
|
Sharing your information for the purpose of requesting and/or receiving a NFT. |
(a) Identity (b) Contact (c) Financial (d) Transaction |
(a) Your consent. (b) Performance of a contract with you. |
|
Sharing your information for the purpose of initiating a NFT transaction. |
(a) Identity (b) Contact (c) Financial (d) Transaction |
(a) Your consent. (b) Performance of a contract with you. |
|
To manage our relationship with you including notifying you of changes to the Services. |
(a) Identity (b) Contact (c) Marketing and Communications |
(a) Your consent. (b) Performance of a contract with you. (c) Necessary for our legitimate interest. (d) Necessary to comply with legal obligations. |
|
Storing and using data to improve our data models and algorithms. |
(a) Financial (b) Transaction (c) Technical |
Necessary for our legitimate interests (to train and improve the accuracy of our data models and analytics and to improve our Services). |
|
To administer and protect our business and our software including troubleshooting, data analysis and system testing. |
(a) Identity (b) Contact (c) Technical (d) Usage |
Necessary for our legitimate interests (for running our business, provision of administration, IT services and network security). |
|
To monitor trends so we can improve Services. |
(a) Identity (b) Contact (c) Technical (d) Profile (e) Usage (f) Marketing and Communications |
Necessary for our legitimate interests (to develop our Services, define types of customers for our products and Services, to develop our business and to inform our marketing strategy). |
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.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with External Third Parties as set out in the Glossary for the Purposes set out in the table above.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- INTERNATIONAL TRANSFERS
We may transfer your personal data outside of the UK as required for the Purposes. Any transfer of your personal data outside of the UK shall be effected in accordance with the applicable data protection laws.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised 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 business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
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 unauthorised 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.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
- YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. 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, if applicable, at the time of your request.
Object to 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data’s 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.
- 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. We will provide to you, or a third party you have chosen, 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. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us.
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 clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- GLOSSARY
LAWFUL BASIS
Consent means that you have given us permission (your consent) to process your personal data for one or more specific purposes.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of 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.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
External Third Parties
- Third party artists who provide us with the artwork which we use to mint NFTs to be sold by us to users of our NFT Platform.
- Our third party minting services provider Kreation Technologies.
- Our third party payment processer Paella Inc., d/b/a Crossmint.
- Our third party wallet services provider Fireblocks.
- Our third party KYC services provider Sum and Substance Ltd.
- Our third party web3 sign up provider Hyper ID
OTHER DEFINITIONS
NFT means an NFT sold by HOFA.io through its NFT Platform.
NFT Platform means HOFA.io’s proprietary electronic platform operated by HOFA.io whereby users can acquire NFTs.
NFT means any non-fungible cryptographically secured digital representation of value or contractual rights that use a form of distributed ledger technology, commonly known as a blockchain network, and that can be transferred, stored or traded electronically, such as those conforming to the ERC-721 or ERC-1151 standard.
Services means the NFT Platform, our APIs, and any other software, tools, features, or functionalities provided on or in connection with the NFT Platform as well as other products and services that may be developed from time to time and all uses thereof.
