Privacy Policy
This Privacy Policy describes how Mojito, Inc. (the “Company”), acting on behalf of The Pace Gallery LLC (“Pace” and collectively with Company, “we” or “us”), collects, uses and discloses information from users of the Pace Verso NFT website (http://verso.pacegallery.com/), as well as the content, applications, services, tools and features made available therein (collectively, the “Services”). For purposes of this Privacy Policy, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to this Privacy Policy and (b) you agree to this Privacy Policy on the entity’s behalf.
The Services can only be accessed and used subject to the Pace Verso NFT Terms of Service and this Privacy Policy. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING, ACCESSING, OR DOWNLOADING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THE PACE VERSO NFT TERMS OF SERVICE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO THE PACE VERSO NFT MICROSITE TERMS OF SERVICE AND PRIVACY POLICY, THEN YOU MAY NOT ACCESS AND USE THE SERVICES.
If you are visiting the Website (as defined in the Terms) from the European Union (“EU”), please see our Notice to EU Data Subjects below for your rights as a data subject, our legal bases for processing and transfer of your data.
1. TYPES OF INFORMATION COLLECTED
Company or Pace may collect the following categories of information from you (“Information”), which includes
- “Personal Information” means Information that identifies (whether directly or indirectly) a particular individual, such as the individual’s postal address and email. Personal Information includes registration information you provide when you create an account, such as your email address, username and password.
- “Non-Personal Information” means Information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual user. When Non-Personal Information is directly or indirectly associated with Personal Information, this Non-Personal Information is treated as Personal Information.
- Information you provide to us when you access or use the Services and each time you interact with the Services or Company, for example, when you update information in your control panel, communicate with us by telephone or email, and order or download new products or services.
- Information you provide in public forums through the Services, including using our review, comment, post or similar functionality.
2. HOW WE COLLECT YOUR INFORMATION
- Company or Pace, as applicable, collect Information you provide when you register with us; create user generated content; request products, services, or information from us; participate in public forums or other activities through the Services; respond to customer surveys; or otherwise interact with us. Please keep in mind that when you post information on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. The Information Pace or Company, as applicable, collect is covered by this privacy policy and the information the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you make on the third-party site or platform will not apply to our use of the Information we collect directly through our Services.
- We use “cookies” and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our website. Cookies are files sent to your browser and stored on your computer. We use cookies to gather general information about your visits to our website, the files you have designated for backup, the configuration of your computer and your computer’s interaction with the Services, and stores this information in log files. We use this information to understand traffic and downloads on our website, enabling us to improve the website, provide the best online experience possible, and improve our customer service. We use the following types of cookies on our site:
- Strictly necessary cookies - These cookies are essential in order to enable you to move around our website and use its features, such as accessing secure areas of the website and remembering which files you have marked for backup. Without these cookies, services you have asked for, like security or e-billing, cannot be provided.
- Performance cookies - These cookies collect information about how you use the website. These cookies don’t collect information that identifies you and are only used to improve how the website works.
- Functionality cookies - These cookies allow the website to remember choices you make, such as the configuration of your computer, to provide enhanced, more personal features.
- Other Technologies - We may also use other Internet technologies, such as web beacons or pixel tags and other similar technologies, to deliver or communicate with cookies and analyze your use of the Services. We also may include web beacons in e-mail messages so that we know when you have opened an email message received from the Company.
- We use third parties’ analytic and tracking tools to better understand who is using the Services, how people are using the Service and how to improve the effectiveness of the Service and its content. Those third-party companies may use cookies, pixel tags or other technologies to collect and store Non-Personal Information such as time of visit, pages visited, time spent on each page of the Service, device identifiers, type of operating system used and other website(s) you may have visited. They might combine information they collect from your interaction with Service with Personal Information they collect from other sources. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies.
Online Tracking
- Do Not Track (“DNT”) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. Like many websites, the Company and the Services do not recognize DNT.
3. USE OF YOUR INFORMATION
Pace or Company may use your data for the following purposes:
- To provide you with the Services and the products and services you request;
- To administer your account;
- To communicate with you about your account or transactions with us and send you information about features of the Services or changes to our policies;
- To ensure consistency with local law and choices and controls that may be available to you;
- To personalize content and experiences;
- To detect, investigate and prevent activities that may violate our policies or be illegal;
- To optimize or improve the content, products, services, and features of the Services;
- To personalize and improve the Services and user experiences, to increase the functionality and user friendliness of the Services, to deliver content or features that match user profiles or interests; and
- To monitor and analyze the Services usage and trends and otherwise measure the effectiveness of the Services.
Company and/or Pace may also send you newsletters about the Services, provided you have consented to receive these.
4. SHARING YOUR INFORMATION WITH OTHER COMPANIES
Neither Pace nor Company will share your Personal Information outside of Pace or Company, as applicable, except in limited circumstances, including:
- When you allow Pace or Company to share your Personal Information with another company, such as directing us to share your Personal Information with third-party sites or platforms, such as social networking sites;
- When Pace or Company contracts or partners with a third party to provide services on our behalf, including Services development and maintenance. We require all third parties to process your data in accordance with this Privacy Policy and as permitted by applicable data protection laws; and
- When Pace or Company share Personal Information with third parties in connection with the sale of a business (including merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings), to enforce our Pace Verso Terms of Service or rules, to ensure the safety and security of our users and third parties, to protect our rights and property and the rights and property of our users and third parties, to comply with legal process, including judicial warrant, rule, order or subpoena or in other cases if we believe in good faith that disclosure is required by law or regulation.
In addition, we may share Non-Personal Information with third parties, alone or in combination with your Non-Personal Information or the Non-Personal Information of other users.
5. PUBLIC VENUES AND SEMI-PUBLIC VENUES OF THE SERVICES.
If you use a message board, comment function, conversation pages, blogs, social community environments, profile pages, or other public or semi-public venue or forums of the Services, you will be identified on those venues by the username you submit.
6.YOUR CONTROLS AND CHOICES
We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your Information. Your controls and choices may include:
- You may correct, update and delete your registration account;
- You may change your choices for newsletters and alerts; and
- You may request access to the Personal Information we hold about you and that we amend or delete it.
You may exercise your controls and choices, or request access to your Personal Information, by modifying your profile or by contacting us at Paceversosupport@getmojito.com or following instructions provided in communications sent to you. Please be aware that, if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific Personal Information about you that we process or retain, please contact us at Paceversosupport@getmojito.com
7. THIRD PARTY WEBSITES AND LINKS
Our Services may contain links to other sites operated by third parties. Neither Pace nor Company controls such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. Information you provide on public or semi-public venues, including Information you share on third party social networking platforms (such as Twitter, Discord and secondary NFT marketplaces) may also be viewable by other users of the Services and users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Services. Pace and Company expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties. Any information submitted by you directly to these third parties is subject to that third party's privacy policy.
8. CHILDREN’S PRIVACY
Neither Pace nor Company seeks or knowingly collects any Personal Information about children under 13 years of age. If Pace or Company become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us to request it be deleted
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us to request it be deleted
9. DATA SECURITY, INTEGRITY AND RETENTION
- 9.1General. We use reasonable security measures, including computer safeguards and secured files and facilities that comply with federal law to protect and limit access to Personal Information. Please note that Information you send to us electronically may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required, or for the establishment, exercise or defense of legal claims, or for legitimate businesses purposes, or as provided by law.
- 9.1Wallet Applications. All transactions initiated through the Services are run by multi signature wallets or third-party electronic wallet applications that you choose to use, such as Metamask. By using the Services you agree that you are governed by the terms or service and privacy policies of those wallet applications.
10. UPDATING THIS PRIVACY POLICY
We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy. If we make changes that are material, we will use reasonable efforts to attempt to provide notice to you and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the Services, or by other means, consistent with applicable law. However, it is your sole responsibility to review the Privacy Policy from time to time to view any such changes. The updated Privacy Policy will be effective as of the time of posting, or such later date as may be specified in the updated Privacy Policy. IF YOU DO NOT ACCEPT AND AGREE TO THIS PRIVACY POLICY, INCLUDING ANY CHANGES THERETO, THEN YOU MUST NOT ACCESS OR USE THE SERVICES
11. YOUR CALIFORNIA PRIVACY RIGHTS
This Privacy Policy describes how we may share your Information for marketing purposes. It applies to all users of the Services, including California residents.
If you are a user of this service and a California resident under the age of 18, you may request to have your posted content or Information removed from the publicly viewable portion of this website by or contacting us directly at support@mojito.xyz. Content or information may not be removed from the Company’s systems or databases. In certain situations, content or information cannot be removed.
The Company does not sell (as such term is defined in the California Consumer Privacy Act (“CCPA”)) the personal information we collect (and will not sell it without providing a right to opt out). Please refer to Section 2 above for more information regarding the types of third-party cookies, if any, that we use. Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
As a California resident, you may contact us with any questions or to request a list of third parties to whom we may disclose Information for such third parties’ marketing purposes and the categories of information we may disclose. See “How to Contact Us” below.
12. NOTICE TO EU DATA SUBJECTS
Personal Information
With respect to EU data subjects, “personal information,” as used in this Privacy Policy, is equivalent to: “personal data” as defined in the European Union General Data Protection Regulation (“GDPR”).
EU Representative
Fernanda Hinojosa has been appointed as Company’s representative in the EU for data protection matters pursuant to Article 27 of the GDPR. If you are in the European Economic Area (“EEA”), Fernanda Hinojosa can be contacted in addition to Company’s contact information provided in “How to Contact Us” below. To make such an inquiry, please contact Fernanda Hinojosa at: fernanda@mojito.xyz
Ireland UK Representative
Fernanda Hinojosa has been appointed as Company’s representative in the United Kingdom for data protection matters, pursuant to Article 27 of the United Kingdom General Data Protection Regulation. If you are located within the United Kingdom, Fernanda Hinojosa can contacted in addition to Company’s contact information provided in “How to Contact Us” below. To make such an inquiry, please contact Fernanda Hinojosa at: fernanda@mojito.xyz
Sensitive Data
Some of the information you provide us may constitute sensitive data as defined in the GDPR (also referred to as special categories of personal data), including identification of your race or ethnicity on government-issued identification documents.
Legal Bases for Processing
We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal bases under which we process your personal information, See “How to Contact Us” below.
| Processing Purpose | Legal Basis |
|---|---|
| To provide our service | Our processing of your personal information is necessary to perform the contract governing our provision of Services or to take steps that you request prior to signing up for Services. |
| To communicate with you To optimize our platform For compliance, fraud prevention, and safety | These processing activities constitute our legitimate interests. We make sure we consider and balance any potential impacts on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by any adverse impact on you (unless we have your consent or are otherwise required or permitted to by law). |
| To comply with law | We use your personal information to comply with applicable laws and our legal obligations, including anti-money laundering (AML) laws, know-your-customer (KYC) requirements and the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the United States Department of Treasury. |
| With your consent | Where our use of your personal information is based upon your consent, you have the right to withdraw it anytime in the manner indicated in this Privacy Policy |
Use for New Purposes
We may use your personal information for reasons not described in this Privacy Policy, where we are permitted by law to do so and where the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis for that use. If we have relied upon your consent for a particular use of your personal information, we will seek your consent for any unrelated purpose.
Your Rights
Under the GDPR, you have certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Opt-out. Stop sending you direct marketing communications which you have previously consented to receive. We may continue to send you Services-related and other non-marketing communications.
- Access. Provide you with information about our processing of your personal information, such as the types of collected personal information, categories of recipients to whom personal information is disclosed, and how long the personal information is stored, and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice
- Restrict. Restrict the processing of your personal information
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
To submit these requests please see “How to Contact Us” below. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us at Paceversosupport@getmojito.com or submit a complaint to the data protection regulator in your jurisdiction
Cross-Border Data Transfer
Please be aware that your personal data will be transferred to, processed, and stored in the United States. Data protection laws in the U.S. may be different from those in your country of residence. You consent to the transfer of your information, including personal data, to the U.S. as set forth in this Privacy Policy by visiting our sites or using our Services. Whenever we transfer your personal data out of the EEA to the U.S. or any other country not deemed by the European Commission to provide an adequate level of personal data protection, the transfer will be made subject to the Standard Contractual Clauses using a data transfer mechanism recognized by the European Commission as providing adequate protection for personal information. Please contact us if you want further information on the specific mechanism used by us when transferring your personal information out of the EEA.
13.HOW TO CONTACT US
You may contact us regarding the Services or this Privacy Policy at: 200 Continental Drive, Suite 401Newark, DE 19713 or by e-mail at Paceversosupport@getmojito.com