Last updated February 4th, 2022
1. Collecting and Using Your Personal Data Information We Collect Directly
We collect the following personal data from you when you use Our Service:
While using Our Service, We or Our service providers may ask you to provide Us with certain personal information. This information may include, but is not limited to:
- Email address
- First name and last name
- Whether you are an artist, an artist’s representative, or a collector
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Bank account information in order to pay for products and/or services within the Service
2. Use of Your Personal Data
NiftyBaby may use Personal Data for the following purposes:
- To provide and maintain Our Service, including to monitor the usage of Our Service.
- To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items, or services you have purchased or of any other contract with Us through the Service.
- To maintain legal and regulatory compliance: For digital currency services, We are required to collect, use, and store your personal information such as verifying your identity in order to comply with anti-money laundering laws across jurisdictions.
- To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide you with news, special offers and general information about other goods, services and events which We offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
- To manage your requests: To attend and manage your requests to Us, and to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve Our Service.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- For internal administrative and auditing purposes.
- To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, including, when necessary, to prosecute those responsible for such activities.
- For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Our Service users is among the assets transferred.
- For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of Our promotional campaigns and to evaluate and improve Our Service, products, services, marketing, and your experience.
- Automated Decision Making. We may engage in automated decision making, including profiling. NiftyBaby’s processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract We have with you, We have your consent, or We are permitted by law to engage in such automated decision making. If you have questions about Our automated decision making, you may contact Us as set forth below.
- De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, information about the device from which you access Our Service, or other analyses We create.
- Share Content with Friends or Colleagues. Our Service may offer various tools and functionalities. For example, We may allow you to provide information about your friends through Our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use Our Service. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker).
3. Retention of Your Personal Data
4. International Transfer of Your Personal Data
Your information, including Personal Data, is processed at NiftyBaby’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction, including the United States, where the data protection laws may differ than those from your jurisdiction.
5. Disclosure of Your Personal Data
We may share your personal information in the following situations:
- With Service Providers: We may share your personal information with Service Providers to verify your identity, monitor and analyze the use of Our Service, for payment processing, to contact you.
- With business partners: We may share your information with Our business partners to offer you certain products, services, or promotions you have requested, or products or services We offer jointly.
- Advertising Partners: We may share your personal information with third-party advertising partners. These third-party advertising partners may set Tracking Technologies and other tracking tools on Our Service to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.”
- With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
- With your consent: We may disclose your personal information for any other purpose with your consent.
- Business Transactions: If We are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
- Disclosures to Protect Us or Others: We may access, preserve, and disclose any information We store associated with you to external parties if We, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, Our, or others’ rights, property, or safety; enforce Our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
6. Security of Your Personal Data
The security of your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Data, We cannot guarantee its absolute security. To the fullest extent permitted by applicable law, We do not accept liability for unauthorized disclosure.
By using Our Service or providing personal information to us, you agree that We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Our Service. If We learn of a security system’s breach, We may attempt to notify you electronically by posting a notice on Our Service, by mail or by sending an email to you.
7. Analytics and Email Marketing
Another example is Facebook Connect. For more information, please visit Facebook’s Data Policy. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address while logged into your Facebook account: https://www.facebook.com/settings?tab=ads.
8. Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: you have given your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which NiftyBaby is subject.
- Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in NiftyBaby.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by NiftyBaby.
In any case, NiftyBaby will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
9. Your Rights
You can opt out of receiving ads that are personalized as served by Our Service Providers by following Our instructions presented on the Service:
The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
- “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
- “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy
Do Not Track (“DNT”) is a privacy preference that users can set in certain Web browsers. Please note that We do not respond to or honor DNT signals or similar mechanisms transmitted by Web browsers.
Your Legal Rights
NiftyBaby undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights.
Depending on the law in your jurisdiction, you may have the following rights:
- Request access to Your Personal Data. In some cases, you may be able access, update or request deletion of your Personal Data directly within your account settings section.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about you corrected.
- Object to processing of Your Personal Data. You may object where Our processing is based on Our legitimate interest, or where We are processing your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. Subject to applicable law, We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format.
- Withdraw Your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the Service.
Exercising of Your Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting Us as set forth below. Please note that We may ask you to verify your identity before responding to such requests, such as by asking you questions about your use of the Service. If you make a request, We will try Our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
10. CCPA Privacy
This Supplemental California Privacy Notice only applies to Our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information NiftyBaby has collected about them and whether NiftyBaby disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
The categories of sources from which We collect personal information and Our business and commercial purposes for using personal information are set forth in “Types of Data Collected” and “Use of Your Personal Data” above, respectively.
Sale of Personal Information
NiftyBaby does not “sell” personal information, nor do We have actual knowledge of any “sale” of personal information of minors under 16 years of age, as the term “sell” is commonly understood. That said, We do share information with third-party advertisers for the purpose of promoting Our Services. To the extent that such sharing is considered a “sale” under the CCPA, you may opt-out of having your information shared by disabling third-party cookies on your device, or by contacting us as set forth below.
Your Rights under the CCPA
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights under the CCPA.
- Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below and provide written authorization signed by you and your designated agent.
- Verification. To protect your privacy, We will take steps the following steps to verify your identity before fulfilling your request. When you make a request, We will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom We collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of Our Services.
- Refer-a-Friend and Similar Incentive Programs. As described above in How We Use Your Personal Information (“Share Content with Friends or Colleagues”), We may offer referral programs or other incentivized data collection programs. For example, We may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends or colleagues (such as their email address) and receive rewards when they sign up to use Our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow Our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use Our Services, whereas the value of the referred party’s data to us depends on whether the referred party ultimately becomes a user and uses Our Services. Said value will be reflected in the incentive offered in connection with each program.
California’s Shine the Light Law
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California residents under the age of 18 who are registered users of online sites, services, or applications may request and obtain removal of content or information they have publicly posted. To request removal of such data subject to applicable law, and if you are a California resident, you can contact Us using the contact information provided below, and include the email address associated with your account.
11. Supplemental Notice for Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at niftybaby.io with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that We do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
12. Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, We may require your parent’s consent before We collect and use that information.
13. Links to Other Websites
15. Contact Us