Privacy Policy

Last Updated: March 5, 2023

Introduction

Whythetrick respects your privacy, and we are committed to protecting it through this Privacy Policy.

As used in this Privacy Policy, “Whythetrick”, “we”, “us”, or “our” refer to Whythetrick USA Inc., and its subsidiaries. “You” and “your” refer to users of our Service (individually a “User” and collectively “Users”). Initial capitalized terms not otherwise defined herein have the meaning set forth in our Terms of Service (" TOS").

This Privacy Policy describes the types of information we collect from you or that you may provide when you use: (a) Whythetrick’s applications for desktop and mobile devices (the “Whythetrick Apps”); (b) Whythetrick’s web domains and subdomains, including whythetrick.io and whythetrick.com (our “Sites”); and (iii) any function on the Whythetrick Apps or Sites for minting, use, offering and/or sale of non-fungible tokens (“NFTs”). We refer to the content and functionality of the Whythetrick Apps and the Sites as our “Service.” We refer to the Whythetrick Apps and the Sites together as the “Platform”

Please familiarize yourself with our privacy practices and contact us as described below in Exercising Your Rights; Contacting Whythetrick if you have any questions.

This Privacy Policy applies to information we collect:

  • Through the Service.
  • By e-mail, text, and other communications between you and us and/or the Service.
  • Through mobile and desktop applications; and
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information:

  • Collected by us offline or through any other means, including on any other website or application operated by us or any third party (including but not limited to our affiliates and subsidiaries); or
  • Collected by any third party (including but not limited to our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Service

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle your information. If you do not agree with our policies and practices, you agree not to use the Service. By accessing or using the Service, you agree to this Privacy Policy.

Changes to Our Privacy Policy

This Privacy Policy may change from time to time. Your continued use of the Service after we make changes to this Privacy Policy constitutes acceptance of those changes, so you agree to check this Privacy Policy regularly for updates.

If we make material changes to how we treat our Users’ personal information, we will notify you via e-mail and/or through a notice in the Service. The date this Privacy Policy was last updated is identified at the top of the first page of this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for regularly reviewing this Privacy Policy to check for any changes.

Information We Collect and How We Collect It

For Users in the European Economic Area (“EEA”) and the United Kingdom (“UK”), the legal basis for collection of this information is to provide you the Service and make it possible for you to use the Service.

Information we may collect includes:

  • Information by which you may be personally identified, as described below (“personal information”).
  • Non-personal information about you but that does not identify you (some non-personal information is considered personal information if combined with other information in a way that enables you to be identified).
  • Technical information, including but not limited to the IP address through which you access the Service and the unique mobile device ID or virtual unique device identifier for any mobile device used to access your account.
  • Information about your internet connection, the device you use to access the Service, and related usage details.
  • Engagement information such as the date and time you use our Service.
  • Log data such as browser configuration and plugins.
  • Device information such as your device type and operating system.
  • Analytics collected via third-party analytics services (e.g., Google Analytics, HubSpot).

Personal Information We Collect

The personal information we collect on or through the Service may include:

  • Your image, likeness and performance(s).
  • Your name.
  • Your password.
  • Your date of birth.
  • Your phone number.
  • Your place of residence.
  • Records of your correspondence (including e-mail addresses and social media contact details), if you contact us.
  • Details of transactions you carry out through the Service.
  • Your search queries in the Service.
  • Information that you provide by filling in forms on the Service, for example to subscribe to our newsletter, respond to surveys or enter a contest or promotion, or to report an issue.
  • Personal information about you that we receive from others, such as other Users.
  • Information, including but not limited to payment records, collected and processed by our Payment Processing Service Provider. Details regarding specific information we provide to our Payment Processing Service Provider and how it retains and shares such information can be found here: /terms-of-use

You may refuse to provide personal information at any time. However, if you refuse to provide such information, certain parts of the Service may be inaccessible or not function properly.

You may provide “User Content” as defined by the TOS. Your User Content is: (a) provided subject to the applicable provisions of our TOS; and (b) posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other Users of the Service with whom you share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed or accessed by unauthorized persons.

Automatic Data-Collection Technologies

In addition to the specific information above, we may use automatic data collection technologies to collect certain information about your location, device, browsing actions, and patterns, including:

  • Details of your visits to and actions on the Platform, including traffic data, location data, logs and other communication data, the resources that you access, and your use of the Platform.
  • Information about your computer or device and internet connection, including as applicable, your IP address, operating system, browser type, mobile network information, location, time zone and/or telephone number.
  • Metadata and other information associated with files stored on your device.

Technologies we use for automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service.
  • Web Beacons. The Service and our e-mails may use small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Service are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at the contact form for information on how you can opt out of behavioral tracking on the Platform and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect includes personal information, and we maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve the Service and deliver a better and more personalized service.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To provide you with the Service.
  • To store information about you and your preferences, allowing us to customize the Service according to your individual interests and recognize you when you return to the Platform.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide the information.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Service or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • Otherwise in accordance with and for the purposes set forth in applicable law.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your User preferences in your account profile.

When you sign up for a subscription or make a purchase, any credit card information you provide is collected and processed directly by our Payment Processing Service Provider through their checkout service. We never receive or store your credit card information.

How Long We Keep Your Information

We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law. After that your personal information will be destroyed and/or deleted.

The following information is retained for the period specified subject to and for the purposes set forth in applicable law, including without limitation, Japan’s Commercial Act, and its Consumer Protection Act in Electronic Commerce: (a) records of illicit Service use, one (1) year; (b) records of contract or withdrawal of membership, five (5) years; (c) records of payment and the provision of goods, five (5) years; (d) labelling and advertisement records, six (6) months; (e) records of consumer complaints or dispute handling, three (3) years; (f) records regarding identity verification, six (6) months; and (g) records of visits, three (3) years. To help protect personal information of the Users who do not use the Service for a period of one (1) year or more, after the expiration of aforementioned time period we will either destroy the inactive User's personal information, or store and administer that data separate from the Service.

Destruction Procedures and Methods for Personal Information

Unless User personal information is to be preserved in accordance with applicable law, when: (a) the purpose for collection and use of the information is complete, or (b) the User cancels the User’s Service membership, we will promptly destroy the User personal information and not use it for any future purpose without prior User consent. The procedures and methods for destruction are described below.

After the purpose for collection is achieved, User personal information in electronic form will be transferred to a secure database separate from the Service. If User personal information is printed on paper, it will be moved to a separate secure file cabinet and thereafter not used for any purpose other than as required by law. Such User personal information will be stored for the time periods set forth above under How Long We Keep Your Information and thereafter destroyed. User personal information printed on paper or residing on other physical media (e.g., flash drives) will be crushed, shredded or destroyed by incineration, and personal information stored in an electronic file format will be deleted using a technical method which makes it impossible to recover the deleted information.

How We Share Your Information

We may disclose aggregated information about Users, and information that does not identify any individual, without restriction. We may also disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and/or the Service and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Whythetrick’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Whythetrick about Users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • Otherwise in accordance with applicable law.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request.
  • To enforce or apply our TOS and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, security or safety of Whythetrick, our customers, or others, or to address technical issues. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser or mobile device to refuse all or some browser cookies, alert you when cookies are being sent, prevent the collection of certain information, and/or prevent the Service from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may be inaccessible if you disable cookies.
  • Promotional Offers from Whythetrick. If you do not wish to have your contact information used by Whythetrick to promote our own or third parties’ products or services, you can opt-out by sending us an e-mail stating your request to the contact form. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to Whythetrick as a result of a product or service purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You may opt out of receiving targeted ads from members of the Network Advertising Initiative on their website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Children’s Privacy

The Service is not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, do not use or provide any information on the Service.

If we learn we have collected or received personal information from a child under thirteen (13) without verification of prior parental consent, we will delete that information. If you believe we may possess or have received any information from or about a child under thirteen (13) without such prior parental consent, please immediately contact us at the contact form.

In one or more countries outside the United States, including without limitation Japan, the applicable age is fourteen (14) years of age, rather than thirteen (13) years of age. To obtain legal consent to process personal information of a child User under fourteen (14) years of age residing in Japan, we require the consent of the child User’s legal representative. In Japan, we may collect the minimum personal information necessary to obtain the consent of the legal representative directly from such child User without the consent of the User’s legal representative. We will: (a) e-mail requests that child User legal representatives formally consent to child Users using the Service; and (b) require confirmation of legal representative consent via return email.

California residents under sixteen (16) years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights below for more information.

How We Protect Your Information

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, theft, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have issued you (or you have chosen) a password for access to certain parts of our Service, you are responsible for keeping your password confidential. Please do not share your password with anyone.

We do not and will not, at any time, request your credit card information, your login information or other identification in a non-secure or unsolicited communication (such as e-mail).

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or on our Service. Any transmission of personal information is at your own risk. You assume this risk by using any part of the Service. We are not responsible for circumvention of any of our privacy settings or security measures, and/or any damages resulting from such circumvention.

Data Portability

Within ten (10) days of our receipt of a written request from a User via the method set forth under Exercising Your Rights; Contacting Whythetrick, the Company will provide the User with a copy of the User’s personal information in a machine readable, portable form.

Right of Access

A User may request access to his/her personal information at any time, specifically including: (a) the items of personal information collected; (b) the purpose for collecting and using the personal information; (c) the retention and use period of the personal information; and (d) documentation of the User’s consent to processing of personal information. Users may submit such requests by contacting us via the method set forth under Exercising Your Rights; Contacting Whythetrick. We may refuse such requests when such access: (c) is prohibited or restricted by law; (d) may possibly cause damage to the life or body of a third party, or (e) may violate the property or other legal interests of a third party. We will respond to a User access request within ten (10) days of receiving it. The response will either grant access or state that access has been put on hold or denied, in which case the grounds for the action will be explained. Once the reason for delay no longer exists or is cured, we will promptly grant the requested access.

Rights to Rectification and Erasure

A User who has accessed their personal information has the right to request the rectification or erasure of that information. Users may submit such requests by contacting us via the method set forth under Exercising Your Rights; Contacting Whythetrick. We will comply with a User’s request for rectification or erasure of the User’s personal information unless applicable law requires otherwise. We will respond to a User rectification or erasure request within ten (10) days of receiving it. The response will either: (a) confirm that the User’s personal information has been rectified or erased, or (b) state that the request has been denied, the reasons for the denial and the method of objecting to the denial. We may request that Users provide evidence to confirm the rectification or erasure of personal information.

Right to Object/Opt-Out

A User may withdraw consent to the processing of all or part of the User’s personal information at any time. Users may submit such withdrawals to us by contacting us via the method set forth under Exercising Your Rights; Contacting Whythetrick. We will comply with a User’s request to suspend processing of the User’s personal information unless: (a) contrary provisions exist in law or ongoing processing is necessary to observe our legal obligations; (b) withdrawal may injure the life or limb of a third party, or unfairly infringe upon a third party's property or other interest; or (c) we would not be able to perform the terms of a contract entered into with the User if we do not process the information, and the User has not clearly indicated intention to terminate the contract. We will respond to a User withdrawal notice within ten (10) days of receiving it. The response will either confirm that the processing of the User’s personal information has been suspended, or state that the request has been denied, the reasons for such denial and the method to object to such denial. If a User withdraws consent to processing all or part of the User’s personal information, all or part of the Service may be inaccessible or not function properly.

After the User personal information processing has ceased, copies of User Content may remain viewable in cached and archived pages, or might have been copied or stored by other Users. Access to and use of Service information and content, including without limitation User Content, is governed by our TOS.

Links To Third-Party Websites And Services

The Service may contain links to other websites and online services, including third-party advertisements. If you choose to click through to one of these other websites or online services, please note that any information you may provide will be subject to the privacy policy and other terms and conditions of that website or service, and not to this Privacy Policy. We do not control third-party websites or services, and fact that a link to such a website or service appears in the Service does not mean that we endorse its or its provider, or have approved the provider’s policies or practices related to User information.

Before providing any information to any third-party website or service, please review the privacy policy and other terms and conditions of that website or service. You agree that Whythetrick will have no liability for any matters relating to a third-party website or service that you provide information to, including their collection and/or handling of that information.

Non-U.S. Users

When we refer to the term “GDPR” in this Privacy Policy we mean the European Union General Data Protection Regulation. The term “EEA” means the European Economic Area.

Information that you provide may be shared, transferred or accessed by entities around the world as described in this Privacy Policy. If you are located outside Japan, you understand and agree that we may transfer personal information to Japan, and we and/or our legally authorized information processors may process information you provide in Japan. If you are located in the EEA or the UK or any other country outside of the United States, you freely consent to the transfer of personal information outside of your country, the EEA or UK, as applicable. Your consent to this Privacy Policy together with your submission of personal information constitute your agreement to these transfers.

Rights Of Users From The EEA and UK

Data Controller

For the purposes of this Privacy Policy, Whythetrick USA Inc. is the Data Controller of your personal information.

Rights of EEA and UK Residents

If you are accessing or using the Service from within the EEA or UK, you may have the following rights under the GDPR or its UK version (as well as other rights). If you wish to exercise any of these rights, you may do so by contacting us as provided (a) in Exercising Your Rights; Contacting Whythetrick below, or (b) otherwise in this Privacy Policy.

  • Right of Access: You have the right to obtain confirmation from us as to whether or not we process personal information from you and you also have the right to at any time obtain access to your personal information stored by us.
  • Right to Correction of your Personal Information: If we process your personal information, we use reasonable measures to ensure that your personal information is accurate and up-to-date for the purposes for which your personal information was collected. If your personal information is inaccurate or incomplete, you have the right to require us to correct it.
  • Right to Deletion of your Personal Information or Right to Restriction of Processing: You may have the right to require us to delete your personal information or to restrict of processing of your personal information.
  • Right to Withdraw your Consent: If you have given your consent to the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal.
  • Right to Data Portability: You may have the right to receive the personal information concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller.
  • Right to Object: You may have the right to object to the processing of your personal information as further specified in this Privacy Policy.

Disclosure Of User Account And Electronic Wallet Information; Assumption of Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION, USER ACCOUNT INFORMATION, AND RELATED ELECTRONIC WALLET ADDRESS MAY BE SOLD, SHARED WITH THIRD PARTIES, MADE PUBLICLY VISIBLE AND/OR APPEAR AS PART OF ETHEREUM OR ANY OTHER APPLICABLE BLOCKCHAIN NETWORK WHEN YOU ENGAGE IN NFT-RELATED ACTIVITIES AND/OR TRANSACTIONS THROUGH THE SERVICE. THE FOREGOING DISCLOSURES MAY BE MADE FOR PURPOSES RELATED TO FACILITATING THOSE ACTIVITIES AND/OR TRANSACTIONS, INCLUDING WITHOUT LIMITATION MAKING PAYMENTS TO Whythetrick. TO THE FULLEST EXTENT ALLOWED BY LAW: (A) YOU ASSUME ALL RISK RELATED TO YOUR NFT ACTIVITIES AND/OR TRANSACTIONS; AND (B) Whythetrick WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR LIABILITIES RELATED TO THE FOREGOING USES AND DISCLOSURES.

Severability

If any of the terms or conditions of this Privacy Policy shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of this Privacy Policy.

Exercising Your Rights; Contacting Whythetrick

If you have any questions, inquiries, requests, comments or complaints concerning this Privacy Policy or our personal information practices, please contact us from here.