Privacy Policy

Last updated: November 1, 2023

Table of Contents

Privacy Policy - Introduction. Pixelynx, Inc. (“Pixelynx”) develops and publishes the, websites (collectively the “Sites”), along with related websites, hosted applications, mobile or other downloadable applications and games, as well as other technology and services (collectively, the “Services”). Pixelynx is dedicated to protect our users’ (“users” or “you”) privacy rights. This Privacy Policy explains the ways we collect, use, store, disclose and manage the personal information (“Personal Information”) you provide to us in the course of using, or about to using, any of the Services. By visiting, accessing or using our website and domain name, and any of the Services, and by accepting this Privacy Policy in registration or software installation, you hereby consent to our collection, use, storage, use, disclosure and management of your Personal Information as explained in this Privacy Policy. However, please be aware that except otherwise as explained herein, this Privacy Policy does not apply to information collected and stored (1) by or through websites and services provided by other third party companies or entities to which our Services may link, (2) web-based applications that are built from our mobile applications but published by other third parties, or (3) mobile applications that we distribute on behalf of other third parties which mobile applications are hosted by such third parties. If you have any questions or comments in relation to our Privacy Policy, please contact us in accordance with our contact information set out in Section 14. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE ANY OF OUR SITES, MOBILE PRODUCTS OR SERVICES.

What Is Personal Information and Non-Personal Information. Both Personal Information and Non-Personal Information are being collected by us. For the purpose of this Privacy Policy, “Personal Information” is information (1) that can be used to specifically identify or contact you (such as your first and last name, account or user name, mailing address, e-mail address, telephone number, or other account number); (2) about you or your activities or preferences when such information is directly linked to personally identifying information; and (3) that may be used to contact you on-line or off-line. “Personal information” might include your unique device or user identifier when the identifier is combined with your personal information. Personal information does not include “aggregate information”, which is data we collect and use to create aggregate statistics about the characteristics and activities of the users and visitors of the Services and enhance our Services and our sites, from which any Personal Information has been removed. Aggregate information may include demographic information, such as city of residence, your unique user or user identifier (when not matched with or tie to your Personal Information), information about your computer, software, platform and Internet IP address. We collect aggregate information about the use of the Services to provide the best possible service and to allow us to make certain recommendations and internal reports and share such information with our partners about how our customers, collectively, use the Services so that our partners also understand how people use the Services and they can provide you with an optimal user experience. For the purpose of this Privacy Policy, “Non-Personal Information” is information that, alone, does not identify you personally and can include age, gender or interests and cannot be used to contact you. This Privacy Policy does not restrict or limit our collection of aggregate information or Non-Personal Information. Personal Information and Non-Personal Information may be combined by us to be used for improving your experience with or to aggregate it with information collected from other users to improve or analyze the Services.

When and How Do We Collect Personal Information.

  • The Personal Information we gather from you facilitates us to personalize and improve the Services, and allows our users to set up a user account and profile that can be used to personalize their experience in using the Services. Your Personal Information may be collected by us in a number of ways such as, during your (1) download and use of our mobile applications and web-based applications being managed by us, (2) registration or log-in for games, applications, or subscriptions or our websites, (3) minting, bridging, purchasing, or registering of NFTs, (4) using or connecting a Pixelynx-hosted or third-party digital wallet (“Wallet”) in connection with the Services, through which you may be asked to verify your email address and/or create a username, (5) a license to use in-application virtual currency or virtual items directly from us, (6) billing and financial information necessary to process your charges through the Services or in connection with your Wallet will be collected by us, which may include your email address, (7) requests for customer support or technical service, (8) communications with other registered users on our websites or through the Services, (9) participations in promotional or marketing activities, surveys, and other alerts, and (10) request for services from third party service providers on our websites or the Services (such as, your response to advertisements therein). Depending on the activity in which you are involved, information that we collect from you will vary.
  • Wallet Transactions. Pixelynx maintains a record of the transactions your Wallet engages in through the Services (including bids, mints, and purchases). These transactions are connected with your connected wallet’s public key address.
  • User-Generated Content. We may also collect content or information that you generate, transmit, or otherwise make available on the Services, including without limitation photos, images, music, videos, comments, questions, messages, and works of authorship, as well as associated metadata (collectively “User-Generated Content”). Metadata includes information on how, when, where and by whom User-Generated Content was collected, created, stored, and how that content has been formatted or edited. Metadata may also include information users can add or can have added to their User-Generated Content, such as keywords, geographical or location information, and other similar data.
  • Onchain Content. Users have the opportunity to create personalized profiles or pages for User-Generated Content within the Services, and to display your created or collected art. You can also comment on other creators' NFTs, profiles, or pages. Profiles, pages, comments, and NFTs that you mint are stored onchain, and while we may be able to remove some of this content from our Sites and Services, we cannot edit or delete any information that is stored on a blockchain.
  • Cookies and other technical information. When you use the Services, certain technical information is being collected by us to (i) analyze the usage of our sites and services; (ii) provide a more personalized experience; and (iii) manage advertising.  We and our service providers use tracking technologies to collect and analyze certain types of technical information, including cookies (i.e. alphanumeric identifiers that we transfer through your web browser to the persistent storage medium (such as your hard drive) of your computer (or other device) to enable your web browser to be recognized by our systems and inform us when and how many users visit our site), device and identifiers, domain names, IP addresses, landing pages, the number of clicks, pages viewed and the order of those pages, platform type, referring and exit pages, URLs, web browser types and language, the amount of time spent on particular Services, Sites, games or applications and the date and time of activity on our Services, sites, applications, or games, and other similar information. In some cases, we will associate this information with your user ID number for our internal use. However, we do not combine the general information collected through cookies with your other Personal Information to inform us your identity or what your email address or screen name is.
  • Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, resume and/or cover letter to us, we will collect and use your information to assess your qualifications.
  • We may also use other technologies, which include: (i) web beacons (which assist us in determining if a certain page was visited or whether an e-mail was opened); (ii) tracking pixels (which permit us in advertising more efficiently by (a) not serving certain promotional messages to our current users, (b) identifying the source of a new installation or (c) delivering advertisements to you on other websites); and (iii) flash cookies (which help us in preventing fraud, remembering your in-game preferences and speeding up load times).
  • We may also use third-party advertising companies to serve advertisements on our sites. Our advertising partners, who may set cookies, may deliver advertisements appearing in the Services to users. In addition, our advertisers may use other third-party advertising technology to target advertising in the Services. In the course of serving advertisements to you, a unique third-party cookie or cookies may be placed on your computer. These cookies allow the advertisements server to identify your computer or other device each time they serve you an advertisement to gather information about you or others users who use your computer or device. Advertisement networks will use such information to deliver targeted advertisements that will be of most interest to you.
  • This Privacy Policy covers only the use of cookies by us and the use of cookies by any other advertisers are subject to their own privacy policies. Most web browsers have an option for warning you about attempts to place cookies on your computer or switching off the cookie feature, which will disallow your web browser from accepting new cookies, or allowing you to decide on acceptance of each new cookie in a variety of ways. If you disable cookies, you may lose some of the features and functionality of our Services, as our cookies may be necessary to track and enhance your Services activities. We strongly encourage you to leave the cookies activated so that you can take advantage of some of the Services’ features.
  • When you download and use any of our applications or Services on your mobile device or on a personal computer, we also collect information regarding your in-Services actions, your unique device or user identifier (“UDID”) and country in which the mobile phone or device is registered or located, and may collect your mobile phone number, and other information you choose to provide, such as user name, or e-mail address. When our mobile or web-based applications are used, we also collect information about your mobile device type, operating system, web browser type and IP address.
  • For Android subscriptions, you are required to provide us with your email address and consent to let us use your email address to contact you before you can download and use our Services. We use this information in connection with providing our mobile and web-based applications, such as to authenticate you and to communicate with you regarding the Services by push notification, SMS, e-mail, text message or other electronic means to your mobile device.
  • By using the Services, you hereby consent to our retaining all the above information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

How Do We Use Personal Information. We may use your Personal Information, Non-Personal Information or aggregate information collected from you in any one or more of the following ways to:

  • notify you of new applications, sites, or Services releases or updates;
  • communicate with you about the Services;
  • operate, maintain and manage the Services;
  • solicit feedback and input to improve the Services, including our websites, products, applications, games, and services and personalize your user experience, diagnose problems with our server and develop new product and services;
  • track and analyze your and your device’s interactions with our Services to better understand how to improve performance and customer experience;
  • measure interest in our Services;
  • improve and develop new products and Services;
  • ensure quality control;
  • comply with applicable laws, regulatory requirements, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
  • enforce our Terms of Service;
  • prevent fraud or potentially illegal, unethical or legally actionable activities, and enforce the relevant terms of service;
  • provide technical support and respond to user requests;
  • provide advertising and promotional information in connection with the Services, including marketing via email campaigns and notifications within the Services (our marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law);
  • provide to government or law enforcement officials to protect our rights and property as well as those of third party and protect the safety of the public or any person; and
  • if you consent or do not object to our use of your Personal Information in direct marketing (please see further details in the "Use of Personal Information in Direct Marketing" section below), conduct direct marketing activities, such as sending you offers, promotions, rewards, discounts, events and benefits in relation to the Services and products and services offered by our business partners or third party merchants.

Use of Personal Information in Direct Marketing. From time to time, we may conduct direct marketing of the Services through email, direct mail, telemarketing, fax and/or other form of communication to you. We intend to use your Personal Information for direct marketing carried out by us or one of our business partners or third-party merchants. For the purpose of direct marketing, we shall use your name (including surname and given name), address, telephone number, email address and other information, if any, that you provide to us for offers, promotions, rewards, discounts, events and benefits in relation to the Services and products and services offered by our business partners or third-party merchants. Please note that we may not use or provide your Personal Information to others for direct marketing purposes unless exempted by the relevant regulations or we have received your consent (which includes an indication of no objection). You may indicate your consent to the above by ticking the box(es) indicating your consent contained in the relevant communications. If you do not wish (i) any of your Personal Information to be used in any of the described direct marketing activities, or (ii) to receive from us (a) any promotional and direct marketing materials, (b) any particular types of promotional and direct marketing materials, and/or (c) such materials through any particular means of communication, you can at any time opt-out, free-of-charge, by contacting us at [email protected], following the “opt-out” instructions contained in the relevant communications, or following the instructions in the “What Options Do You Have?” section below.

Where Do We Store Personal Information and International Transfer. Personal Information, Non-Personal Information or aggregate information is collected, received and stored in data storage facilities located in the United States, including California. Such information may be used, transferred to, processed or held by computers in other countries, including countries outside your country of residence or governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction, and used for the purposes set out in this Privacy Policy. If you are located outside United States and choose to provide information to us, we may transfer your Personal Information to the United States and processes it there and your submission of such information represents your agreement to that transfer. We may use third parties contractors to collect, store and process your Personal Information, Non-Personal Information or aggregate information in the data storage servers and/or equipment owned and operated by such third parties, and in such cases such third parties will be instructed to comply with our Privacy Policy and to use your Personal Information only for the purposes for which they have been engaged by us. We are not liable for the acts and omissions of these third parties, except as provided by the applicable laws. Please note that the data protection laws of other countries may not be the same as those of your country of residence.

If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, we will use a valid data transfer mechanism to ensure that your personal information is transferred in accordance with this Privacy Policy and applicable data protection laws, including GDPR.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below. You hereby agree to the transfer, storage and processing of your Personal Information as described in this section.

Sharing of Your Personal Information. In general, we do not sell or rent your Personal Information to other third parties. Your Personal Information is only shared in the following circumstances:

  • Advertisers – You have agreed that any of the information we have collected from you (including information you may have decided not to show to other users) may be used by us to choose or allow the advertisers to choose the appropriate audience for their advertisements.
  • Affiliated businesses not under our control – A variety of businesses may become affiliated and work closely with us. Through the Services, items may be sold to you by such affiliated businesses, and services or products may also be provided or sold to you by us jointly with such affiliated businesses. You can easily recognize when an affiliated business is associated with your transaction, and your Personal Information that is related to such transactions may be shared with that affiliated business.
  • Agents – Other companies and third parties are employed by us to perform tasks for us and your information is required to be shared with them to provide you with the relevant products or services. When such third parties collect or possess any information other than non-personal, anonymous and/or aggregated data, our agents do not have any right to use such Personal Information we share with them beyond what is necessary to assist us, unless you are told otherwise. We require such agents to use your Personal information consistently with our Privacy Policy and protect and maintain the confidentiality of the collected information in the course of their engagement by us and not to use such information for any purpose other than to provide the Services for us without your express consent. You hereby consent to our sharing of Personal Information for such purposes.
  • Offers – Our Services may also display offers hosted by third party providers. Such features of the Services may allows NFTs, crypto assets, and virtual currency to be offered to end users by third parties and third party advertisers and in return such user will respond to an advertisement or complete an advertisement offer. Such offers may appear in the Services and be displayed to you based on certain information, such as your demographic information or geographic area. You will leave the site hosted by us or our partners at the time when you click on one of these offers. A unique identifier, such as your user ID number, will be shared with the offer third-party offer provider in order to prevent fraud and properly credit user accounts.
  • Profiles of users – We may display your user profile information including your username and other information entered by you (“User Submissions”) to other users to facilitate user interaction within the Services.
  • Protection of our rights and those of others – If we believe in good faith that the release of your Personal Information is necessary to comply with the relevant law and regulation, enforce or apply our conditions of use and other agreements, or protect our rights, property, or safety, or those of our employees, users or others, we may do the same. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • Responses to User Submissions – You may receive email and other communication from us relating to your User Submissions as part of the Services. You agree that by posting such User Submissions, you may be receiving email and other communication from us that we determine in our sole discretion relate to your User Submissions.
  • Transfers of business – If we choose to buy or sell our assets, user information is usually one of the business assets that are transferred to the buyer. Similarly, if we, or substantially all of our assets, were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You understand that such transfers may occur, and your Personal Information may continue to be used by any of our acquirers or the acquirers of our assets as set forth in this Privacy Policy.
  • With Your Consent – Except as stated above, you will be notified when your Personal Information may be shared with third parties, and you will have the right not to share such information. This Privacy Policy does not limit or restrict our collection of aggregate information, and we may disclose this information to any third parties. We may also use your Personal Information for our internal marketing and demographic studies, so we can consistently improve our games to serve you better.

Privacy Policies of Linked Third Party Sites.

  • Our sites and the Services may contain links to other third parties’ web sites that we do not own or control. The provision of such links to other websites by us does not mean that we, sponsor, endorse or authorize those third parties, nor is it a representation of our association with them. If you click on such links, including clicking on a banner ad or other type of advertisement, you will leave our site and will be directed to those third parties’ sites. We are not responsible for the content or privacy practices of those third parties’ websites, the collection or use of information you provide to them or any products or services they may offer, as we do not have any control over the activities of such third parties. We cannot assure you that such third parties employ the same or similar privacy and security practices as us. As any information you provide to these third parties is subject to their privacy policies, we urge you to review the privacy policies of the other websites you visit. This Privacy Policy only governs information collected on or through the Services. The Services may also contain third party tracking tools from third party service providers. Such third parties’ APIs/SDKs may be used by us in providing the Services to you, which may enable these third parties to analyze user information. Although these third parties may have access to your Personal Information during the performance of services for us, they may not use such information for any purposes other than to provide their services. We endeavor not to collect or to minimize collection of our user’s individual personal information.
  • However, to the extent we collect personal information from European data protection data subjects, Pixelynx, Inc. is the controller of your information covered by this Privacy Policy for purposes of European data protection legislation. We may process or share your personal information based on the following legal basis:
    • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
    • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
    • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
    • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
    • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Protection of Your Personal Information. We understand the importance of keeping your information secure and safe. We employ a number of technical, organizational and physical safeguards designed to protect, secure, and safeguard your information and to prevent the loss, misuse, destruction and alteration of information under our control. Although we take such measures against possible breaches of the security of our sites and our user records and databases, no method of transmission over website or Internet is completely failproof, and we cannot assume responsibility or liability for unauthorized access, hacking, data loss, or other breaches in relation to our servers and systems or guarantee the security of user account information. Any transmission of your information to our sites is done at your own risk. After your information is received by us, we have technical, organizational and physical safeguards in place to try to prevent any unauthorized access. You also have to limit access to your computer (or other device) and web browser by logging out after you have finished accessing your account in order to ensure that there is no unauthorized access to your account and Personal Information.

Amendments to Our Privacy Policy. We reserve the right to amend this Privacy Policy from time to time. Use of your information we collect now is subject to the Privacy Policy in effect at the time such information is used. Please check this Privacy Policy every time you use our sites or the Services to ensure you are aware of any changes in our privacy practices. Our Privacy Policy will display the date it was last updated. If we decide to make any material changes to this Privacy Policy, we will notify you and other users by posting a revised policy on our sites. You signify your acceptance of the changes to our Privacy Policy by continuously using our sites or the Services.

Our Policies Regarding Children. We understand the obligation to protect Personal Information obtained from young children. The Services are not targeted at children under the age of 13 and we do not knowingly collect any Personal Information from such children. In the event we become aware that a child under the age of 13 has provided us with Personal Information, we will take all reasonable measures to promptly delete such information from our files and records. Further, we recommend that children over the age of 13 request their parents for permission before transmitting any of their information to anyone over the Internet, and we urge parents to inform their children not to provide their personal information, such as their real names, addresses or phone numbers, without permission, when using the Internet.

How To Access, Review, Update Or Correct Your Personal Information. You have the right to review, update, correct or delete any Personal Information collected and held by us by changing the relevant information through our sites. Should you wish to deactivate your account(s), you may do so by contacting us at [email protected]. We will be glad to review, update, correct or delete the relevant information as appropriate. Your information may still be retained in our files and records for the purpose of enforcing our user agreement, maintaining the security, integrity and operation of our sites and the Services and resolving any disputes.

What Options Do You Have?

  • You have certain rights with respect to your Personal Information as set forth below. Please note that in some circumstances, we may ask you to provide us with additional information in connection with your request. For example, if we need to verify your identity or the nature of your request. In such situations, however, we will still respond to let you know of our decision. Contact us at [email protected] to make any of the following requests:

    • Access: You can request more information about the Personal Information we hold about you. You can also request a copy of the Personal Information.
    • Rectification: If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by logging into your account. Please contact us as soon as possible upon noticing any such inaccuracy or incompleteness.
    • Objection: You can contact us to let us know that you object to the collection or use of your Personal Information for certain purposes.
    • Erasure: You can request that we erase some or all of your Personal Information from our systems.
    • Restriction of Processing: You can ask us to restrict further processing of your Personal Information.
    • Portability: You have the right to ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the data to another entity where technically feasible.
  • Withdrawal of Consent: If we are processing your Personal Information based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
  • Right to File Complaint: You have the right to lodge a complaint about our practices with respect to your Personal Information with a supervisory authority.

Although it may be needed to take advantage of or register for certain features of the Services, you may always elect not to disclose any of your information. Certain information of yours can be added or updated through the Services. When your information is added or updated, a copy of the unrevised information is often kept in our records. You may send an email to us requesting the deletion of your account. However, please be aware that some information may remain in our records even after your account is deleted. If you do not wish to receive email or other mail from us, please notify us at [email protected]. Please note that if you do not wish to receive any legal notices from us, including this Privacy Policy, such legal notices will continue to govern your use of the Services, and you are responsible for reviewing such legal notices for any changes.

Our Contact Information. If you have any questions, comments or concerns regarding our Privacy Policy on the Services, please contact us at [email protected]