HUMBL Inc. (together with its affiliate companies - “HUMBL,” “we,” “our” or “us”) recognizes the importance of maintaining the security of personal data that we collect.
User, or Buyer Data relating to individuals who are either registered to the Services and use them to engage with Merchants or Sellers(defined below), purchase goods, or read reviews (“User”, “Buyer, “Users”, or “Buyers”);
Merchant, or Seller Data relating to merchants or sellers of NFTs that use the Services, either individually or as part of a business, to collect payments for their goods from Users or Buyers (“Merchant”, “Seller”, “Merchants” or “Sellers”);
Admins who, either individually or through one of our partners, facilitate the auctioning of items and collecting payments for items , either on our platform or via a third party platform hosted on our website (“Partner”);
Website Visitor, CRM & Prospects Data relating to visitors of our website, participants at our events, partners, investors and any prospective partner or investor, User or Merchant who visits or otherwise interacts with any of our websites, mobile application, online ads and content, emails or other communications under our control (“Sites”); and
Communication Data in relation to our Services.
- Data Collection
- Data Uses
- Data Location & Retention
- Data Sharing
- Cookies & Tracking Technologies
- Data Security
- Data Subject Rights
- Additional Notice & Contact Details
You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own discretion. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined in Section 4) as described below, please refrain from accessing, using or registering for our Services. If you are using the Services on behalf of a Merchant that is using the Services, we suggest that you contact the Merchant’s account administrator with any questions about the Service. You should also let the Merchant’s account administrator know if you do not want to be registered to the Services.
1. Data Collection
(i) User, or Buyer Data: Our Services enable Users and Merchants, or Buyers and Sellers to connect with each other more easily and to purchase or sell goods and services. HUMBL collects the following types of personal data relating to such individual Users and Buyers –
Profile information (name, e-mail address, mobile phone number, location – city and country, saved addresses, picture and hashed password, crypto wallet information); Transaction details (digital and/or physical goods and services ordered or searched for, credit card details, bids relating to the sale of NFTs, wallet ID number for the crypto wallet, invoices and transaction history, GPS or mobile device location, additional details provided by the User with respect to their orders or searches, and any other information Users provide voluntarily);
Usage information (connectivity, technical and aggregated usage data and activity logs, log-in and log-out time, user agent, IP addresses, device and mobile app data [like type, OS, device ID, app version, browser version, locale, time-zone and language settings used], session recordings and analytics, and the cookies and pixels installed or utilized on their device);Ratings and feedbacks (as submitted by the Buyer or User regarding Merchants or Sellers including chats, reviews and any other data submitted);
(ii) Merchant, or Seller Data: if you wish to use our Services as a Merchant – either independently or as part of a business account – or as a Seller you will need to open a User account before joining as a Merchant or a Seller. In such cases, we will collect the same type of information as the User or Buyer Data, and also the following types of personal data relating to Merchants and Sellers –
Business account information (as applicable: company name, address, phone number industry and opening hours); Banking information (as applicable: bank account details such as the name of the account holder, email address, date of birth, residence address, phone number, social security number [for U.S. residents] or other identifiable personal number [for non-US residents], routing number, recipient account number and any related information).
(iii) Admin Data: if you are an Admin facilitating the auctioning of NFTs, we will also collect the following types of personal data -
User Profile information (name, e-mail address, mobile phone number, location – city and country, saved addresses, picture and hashed password); Usage information (connectivity, technical and aggregated usage data and activity logs, log-in and log-out time, user agent, IP addresses, device and mobile app data [like type, OS, device ID, app version, browser version, locale, time-zone and language settings used], session recordings and analytics, and the cookies and pixels installed or utilized on their device);Ratings and feedbacks (as submitted by the Buyer or User regarding Merchants or Sellers including chats, reviews and any other data submitted);
(iv) Website Visitor, CRM & Prospect Data: We collect the following types of personal data concerning our website visitors, Users and Buyers, Merchants and Sellers, partners, investors and prospects –
Site usage information (connectivity, technical and aggregated usage data, such as User agent, IP addresses, device data (like type, OS, device ID, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on our Sites and/or their device);
Business account information (contact, contractual and billing details concerning our Merchants, which may also contain the details of their internal focal persons who directly engage with HUMBL on behalf of their organization, e.g., the account administrators, billing contacts and authorized signatories on behalf of the Merchant or partner; as well as details concerning their needs and preferences, as identified by us or recognized through our engagement with them);
Information concerning our prospects (contact and business details, our communications with such prospects (correspondences, call and video recordings, call transcripts, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement)).
(v) Communications Data (with Users, Merchants, prospects etc.): We collect direct interactions and communications with us (including recordings and transcripts of your calls, emails, form submissions and chats with us, e.g. for customer service, user enablement, feedback, support and training purposes or otherwise through LinkedIn, Facebook or Twitter.
We collect such data either automatically, through your interaction with us or with our Sites or Services; or through third-party services, social media, analytics tools, events we organize or participate in, and other business initiatives.
2. Data Uses
We use personal data as necessary for the facilitation and performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services; providing customer service and technical support; and protecting and securing our Users, Merchants, partners, investors, ourselves, and our Services.
Specifically, we use personal data for the following purposes:
- To facilitate, operate, and provide our platform and Services;
- To authenticate the identity of our Users and Buyers, Merchants and Sellers, and to allow them to access and use our Services;
- To provide assistance and support to our Users and Buyers, Merchants and Sellers;
- To share your data with our Service Providers (as defined in Section 4);
- To gain a better understanding on how you use and interact with our Services, and how we could improve the User experience for you and others, and continue improving our products, offerings and the overall performance of our Services;
- To contact you with general or personalized service-related messages, as well as promotional messages that may be of specific interest to you (as further described in Section 6 below);
- To facilitate, sponsor and offer certain events, contests and promotions;
- To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
- To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
- To comply with applicable laws and regulations.
We do not sell your personal information, including though not solely as defined under the California Consumer Privacy Act (CCPA).
3. Data Location & Retention
Data Location: Given the fact that HUMBL operates in many jurisdictions worldwide, your personal data may be maintained, processed and stored by us and our authorized Service Providers (defined below) in multiple locations, including in the United States, the EU and other jurisdictions, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.
Data Retention: We will retain your personal data for as long as it is reasonably necessary for us to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to financial solutions, log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our contractual terms and data retention policy.
Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at [email protected]
4. Data Sharing
Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement) and where such disclosure is necessary to comply with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our Services.
Service Providers: We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers may provide hosting and server co-location services, communications and content delivery networks (CDNs), billing and payment processing services, data and cyber security services, fraud detection and prevention services, web and mobile analytics, e-mail, text messages and web/mobile notification distribution, monitoring and analytics services, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, call and session recording services, and our legal, financial and compliance advisors (collectively, “Service Providers“).
Our Service Providers shall be deemed as ‘processors’ in circumstances where HUMBL assumes the role of ‘controller’; and where HUMBL acts as the ‘processor’ for our Merchant, the Service Provider shall be deemed our ‘sub-processor’, as further described in Section 9 below.
Sharing Personal Data with our Merchants and their own Users: We may share your personal data with the Merchant owning the account to which you are subscribed as a User on behalf of such Merchant, including data and communications concerning your use of the Services or other interactions with us (but only in relation to that Merchant account). In such cases, sharing such data means that the account’s administrator(s) or other individuals that are part of the same Merchant account may access it on behalf of our Merchant, and will be able to monitor and review data such as orders, payments and collection of funds via our Services, as well as access any personal data that was submitted to the Services.
Sharing data between Users and Merchants: In order to provide our Services, we also share certain details about Users and Merchants with each other. This is required to connect between Users and Merchants based on preferences, location, or other parameters. For example, Users may search for specific goods or for Merchants in their proximity, after which they will be able to contact the relevant Merchant.
Sharing Personal Data with cryptocurrency exchanges: We may share your personal data with cryptocurrency exchanges if you purchase or sell cryptocurrency using our Services.
Sharing data between Buyers and Sellers of NFTs: In order to provide our Services, we also share certain details about Buyers and Sellers of NFTs with each other. This is required to facilitate the NFT marketplace, register bids for NFTs, enable Sellers to collect payment for NFTs purchased via the Services, and in order to connect between Buyer and Sellers based on preferences, location, or other parameters. For example, a Buyer may search for specific NFTs in relation to Sellers they follow, after which they will be able to contact the relevant Seller.
Protecting Rights and Safety: We may share your personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of HUMBL, any of our Users, partners or Merchants, or any members of the general public.
For the avoidance of doubt, HUMBL may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and/or anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.
5. Cookies & Tracking Technologies
Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies.” Some last for longer periods and called “Persistent Cookies.” We use both types.
We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Services. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools.
Please note that if you get a new computer or device, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.
Service Communications: We may send you notifications (through any of the means available to us, including by email or SMS) of changes or updates to our Services, billing issues, service changes, etc. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to the operation of our Services and your use thereof (like billing notices).
Promotional Communications: We may also notify you about new features, additional offerings, better ways to use the Services, events and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., phone, SMS, mobile notifications or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.
If you do not wish to receive such promotional communications, you may notify HUMBL at any time by contacting us at [email protected], or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.
7. Data Security
We and our hosting services implement systems, applications and procedures to secure your personal data, and to reduce the risks of theft, damage, loss of data, or unauthorized access or use of personal data. These measures are aimed to provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
8. Data Subject Rights
If you wish to exercise your rights under any applicable law, such as the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), to request access to, and rectification or erasure of your personal data held with HUMBL, or to restrict or object to such personal data’s processing, or to port such personal data or to exercise the right to equal services and prices (each to the extent available to you under the laws which apply to you), please contact us at [email protected] If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or in the UK as applicable to you.
When you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of the data to which your request pertains. Such additional information will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 3 above.
We may redact from the data which we will make available to you, any personal data or confidential information related to others.
Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “controller” (or the “business” under the CCPA), who determines the purposes and means of processing; and the “data processor” (or the “service provider” under the CCPA), who processes the data on behalf of the controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.
10. Additional Notices & Contact Details
Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at [email protected]
EU / UK Representative: Dr. Andreas Mätzler of Prighter has been designated as HUMBL’s representative in the European Union and the United Kingdom for data protection matters. Inquiries regarding our EU & UK privacy practices may be sent by e-mail to [email protected] or by post as follows:
EU enquiries may be sent to: Prighter, Schellinggasse 3/10, Vienna 1010, Austria.
UK enquiries may be sent to: Prighter, Kemp House 160, City Road, EC1V 2NX, London, UK.
If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or in the UK as applicable to you.
Last updated: September 22, 2021