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1Earth

Privacy Policy

Last Updated: September 29, 2021

 

Welcome to 1Earth.  Hereinafter, 1Earth shall be referred to as “1Earth,” "we", "us" or "our".

 

1Earth provides a decentralized platform (the “Platform”) that, among other things, will offer for sale 1Earth Tokens (the “Tokens”) on a worldwide basis to the consuming public. A percentage of all Token sales will be gifted by 1Earth to charitable causes as selected and voted upon by Token holders.

 

The 1Earth is being organized as a Decentralized Autonomous Organization (“DAO”) that will be created through and governed by a smart contract (i.e., complex computer instructions that will be permanently installed on a blockchain to manage and oversee 1Earth’s operations).  1Earth will be governed by the DAO once all Token sales has been affected.  Until then, 1Earth will be governed by a Board of Managers.    

 

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. BY ACCEPTING IT AND BY USING THE PLATFORM, YOU AGREE TO THIS PRIVACY POLICY WHICH CREATES A BINDING AGREEMENT BETWEEN 1Earth AND YOU.

 

This Privacy Policy describes for you and others how we protect data that you enter into and provide to the Platform.  Among other things, this Privacy Policy explains what information we collect (including Personal Data, as defined below), how we use that information, how we share that information, your choices concerning Personal Data, and other important information. We consider “Personal Data” to be any information that alone or in combination with other information could be used to identify you or other users, and does not include data that you provide for public consumption, if any.  This Privacy Policy also does not apply to data provided by third parties whose software integrates with the Platform (hereinafter, the “Third Party Platforms”), as the use of such data is governed by the third parties’ privacy policies.

 

As a customer, you maintain control over your account, including the Personal Data associated with it.  Therefore, if you have questions about specific settings and privacy practices for your account or your employers’ account (i.e., if you are a user of the latter), please contact the person that administers such account.

 

Before using the Platform or submitting any Personal Data, please review this Privacy Policy and contact us with any questions. If you do not agree with these terms, do not use the Platform.

 

1. OUR PRIVACY PRINCIPLES

 

Notably, to use the Platform, you must provide us with information about you.  This Privacy Policy explains how we use and what we do with such information. For example, the following apply:

  • We only use Personal Data for your use of the Platform.  We use and process Personal Data only in accordance with our Terms of Service (i.e., a separate policy to which you have access), and this Privacy Policy.
  • We safeguard the security of your Personal Data as if it were our own. We believe that security certifications are good, but that security by design is better. We bake security into our product features, and protect your data with the same security safeguards that we use to protect our own data.
  • We do not sell your Personal Data. We recognize that receiving your Personal Data is vital to providing our Platform.  In our view, the sale of your Personal Data would be a grave violation of trust.  Therefore, we want to make clear that we are not in the business of selling your Personal Data and that we do not intend to be in that business.

 

2. INFORMATION WE COLLECT

 

When you interact with us through the Platform, we may receive Personal Data and other information about you (“Other Information”), as explained below.

  • Information You Provide Us. We collect your Personal Data when you register to use the Platform, or when you provide information when using the Platform, or when you update your account information, or when we add additional services, or when we submit information to verify your identity, or when you contact customer support, or when you contact us with questions or feedback, or when you otherwise communicate with us. Personal Data may vary depending on what you choose to share with us and what Platform that you use, and may include identification information such as your email address, your street address, your telephone number, your credit card or banking account information, your crypto wallet, demographic information, certain account information (i.e., that you maintain at social media or music-related websites), and preference information.
  • Other Information. We may also collect, generate, and/or receive Other Information about you from the Platform as follows:
    • Platform Metadata. When you interact with the Platform, metadata is generated that provides additional context about the way that you utilize the Platform.
    • Log Data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use the Platform and record it in log files. Such log files may include the Internet Protocol (IP) address, the address of the web page visited before using the Platform, browser type and settings, the date and time Platform were used, information about browser configuration and plugins, language preferences and cookie data.
    • Device Information. We may collect information about your devices accessing the Platform, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
    • Location Information. We may receive information from you that helps us approximate your location. We may, for example, use a business address submitted by you, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.
    • Cookie Information: We use cookies and similar technologies to operate and administer our Platform, as they help us to gather and analyze usage and improve your experience. We may also allow third party service providers to use cookies or similar technologies to collect information about your browsing activities over time and across different websites following your use of the Platform. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), while others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies).
    • Additional Information Provided to Us. We also may receive Other Information when submitted to our Platform or in other ways, such as if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with us.

 

3. HOW WE USE INFORMATION

 

1Earth uses information that we collect in accordance with your instructions, including our Terms of Service, this Privacy Policy and as otherwise required by law. You as the customer may, for example, use the Platform to assign roles and configure settings, access, modify, export, share and remove Personal Data and otherwise maintain your settings for your use or that of your employees and contractors.

 

More specifically, we may use and share the information that we collect as follows:

  • To provide our Platform. We use the information we collect to provide, update, maintain, and protect the Platform.
  • To improve and customize the Platform and Platform.  We constantly seek to improve your experience with the Platform and the Platform.  Therefore, we may analyze data that we collect about your use of the Platform or Platform to learn how we can improve them.
  • To respond to inquiries, comments, feedback, or questions. If you contact us, we may use the information that you provide to respond.
  • To communicate with you. We may send you service, technical and other administrative emails, messages, and notices. We may also contact you about changes in our Platform, our Platform offerings, and other matters such as security and fraud issues. These communications are considered part of the Platform, and you may not opt out of them.
  • To advertise and market to you. We may contact you to tell you about new or relevant product features, to send you promotional communications, and to provide you with other news that may be of interest to you. Additionally, we may utilize cookies, beacons, and mobile SDKs to recognize your browser or mobile device to analyze the effectiveness of our advertising and marketing campaigns. You can control whether you receive marketing communications and advertisements.
  • For Investigative Purposes.  We may use the information you provide to investigate and help prevent security issues and the abuse of the Platform.
  • To Comply with Applicable Law, Regulation, or Legal Process. We may use your Personal Data and Other Information as permitted by law or reasonably necessary to comply with applicable law (e.g., civil or criminal subpoenas, court orders, and other compulsory orders), and to enforce this Privacy Policy, our Terms of Service, and other related agreements.
  • With Consent. We may share Personal Data and Other Information with third parties when we have your consent to do so.

 

4. HOW WE SHARE INFORMATION

 

We are NOT in the business of selling your Personal Data.  To the contrary, it is paramount to us that we maintain your trust. Yet, in certain circumstances, we may share information about you with third parties, including our service providers and sub-processors, for the legitimate business purposes set forth below.

  • To comply with your instructions. We may share and disclose your Personal Data as instructed to provide you with our Platform and to comply with applicable law and legal processes. In addition, if you are a company, your administrators and other personnel may be able to access, modify, or restrict access to Personal Data and Other Information of their employees and contractors.
  • To integrate with Third Party Platform. To provide an integrated platform, Customers may enable integrated third party service providers. Such third party services are not owned or controlled by 1Earth, and any third parties that have been granted access to Personal Data and Other Information may have their own policies and practices for its collection, use, and sharing of such information. Please check the permissions, privacy settings, and notices for these third party service providers or contact the administrator of the Platform with your employer for any questions. Any permissions that you have granted to that third party service provider will govern their use of your data.
  • To work with our vendors and service providers. We may engage third party companies or individuals as service providers, vendors, or business partners to process Personal Data and Other Information and support our business.
  • To facilitate a change in 1Earth’s business. As our business develops, we may be involved in a merger, acquisition, financing, due diligence, reorganization, or transition of all or part of our services to another provider, and the information that we collect may be shared or transferred in such event.
  • To investigate and help prevent security issues and abuse of our Platform. We may share your Personal Data and Other Information to protect the rights, property, and safety of 1Earth, our employees, Customers, users, and third parties and in investigating and preventing fraud or security issues.
  • To comply with applicable law, regulation, or legal process. We may disclose your Personal Data and Other Information if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, to protect and defend the rights or property of 1Earth, to prevent fraud, to act in urgent circumstances to protect the personal safety of users of the Platform or the public, or to protect against legal liability.
  • With corporate affiliates. We may share information that we collect with our corporate affiliates, parents and/or subsidiaries, provided that our affiliates, parents and/or subsidiaries use Personal Data and Other Information in a manner consistent with this Privacy Policy.
  • With consent. We may share Personal Data and Other Information with third parties when we your consent to do so or that of your employees and contractors if you are a company.

 

5. YOUR CHOICES

 

We respect your choices concerning your Personal Data. When using the Platform and the Platform, you have the following choices with respect to your Personal Data.

  • Reviewing, Updating, and Correcting Your Information. You can review, update, or correct your Personal Data through your account. If you have questions, please contact us.
  • Marketing and Promotional Communications. You may unsubscribe from marketing emails that we send to you by following the instructions contained in each such email. If you unsubscribe, you will no longer receive marketing emails, but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests. Depending on your mobile device, you may also control marketing and other tracking technologies through your settings by resetting your advertising ID.
  • Do Not Track. Some web browsers may transmit “Do Not Track” signals. There is no current standard that governs what, if anything, websites should do when they receive these signals. We do not currently respond to “Do Not Track” signals. If and when a standard is established, we may revise our policy on “Do Not Track” signals.

If you would like to take additional steps to correct, amend, object to the processing or profiling of, or to delete your Personal Data, please coordinate your request with us at [email protected]   

 

6. IMPORTANT INFORMATION

 

a. Our Policy Toward Children.  1Earth does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Platform. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Data without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to 1Earth through the Platform, please contact us, and we will endeavor to delete that information from our databases.

 

b. Links to Other Websites.  This Privacy Policy applies only to the Platform. The Platform may contain links to other web sites not operated or controlled by 1Earth (the "Third Party Platforms"). The information that you share with Third Party Platforms will be governed by the specific privacy policies and terms of service of those Third Party Platforms, and not by this Privacy Policy. By providing these links, we do not imply that we endorse or have reviewed the privacy policies or terms and conditions regarding such Third Party Platforms. Please contact the Third Party Platforms directly for information on their privacy practices and policies.

 

c. Security.  We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction and to comply with applicable state and federal privacy and security laws. We also apply the same standards to your data that we apply to our own data. However, despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed to prevent interception or misuse. As a result, we must depend on you to protect your information. You should take special care in deciding what information you send to us via the Platform or e-mail. Please keep this in mind when disclosing any Personal Data to us via the Internet. If you become aware of any breach of security or privacy, please notify us immediately.

 

d. Data Retention.  We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy while we have a business need to do so, or if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this Privacy Policy, our Terms of Service, or related agreements with you.  We may also retain Personal Data, for a limited period of time, if requested by law enforcement.

 

e. Aggregated or Pseudonymized Data. In an ongoing effort to better understand and serve the users of our Platform, we conduct research on our customers’ demographics, interests and behavior based on the Personal Data and Other Information provided to us. Such research may be compiled and analyzed on an aggregated or pseudonymized basis. This aggregated or pseudonymized information does not identify you. We may share aggregated or pseudonymized data with affiliates and partners for business or research purposes. We may also disclose aggregated or pseudonymized user statistics to describe our services to current and prospective business partners, and to third parties for other lawful purposes.

 

e. California Privacy Rights Disclosure.  Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we act as a “service provider” with respect to the Personal Data that we receive and process through our Platform, and conduct our data processing in accordance with our Terms of Service.  We do not sell Personal Data.

 

If you are a resident of California and use the Platform as an employee or contractor of a Customer, you may have additional notice rights under the CCPA. In particular, the CCPA provides employees and contractors residing in California with the right to be informed of the categories of Personal Data collected and the purposes for which such Personal Data is used. If you have any questions about the application of CCPA to you, please contact the Customer whose account you use for more information, including any applicable CCPA privacy notices.

 

If you are a resident of California and have applied for a position at 1Earth, we may collect and use your Personal Data for human resources and business management purposes, including identifying and evaluating candidates for potential employment as well as for future roles that may become available, recordkeeping in relation to recruiting and hiring, ensuring compliance with legal requirements including diversity and inclusion requirements and practices, conducting background checks as permitted by applicable law, protecting our legal rights to the extent authorized or permitted by law, or emergency situations where the health or safety of one or more individuals may be endangered.

 

If you are a resident of California and believe that we have collected your Personal Data outside of a possible “service provider” relationship, you may request to know more details about the categories or specific pieces of Personal Data that we collect (including how we use and disclose this information), how to delete your Personal Data (where applicable), and how to not be discriminated against for exercising these rights. You may make a data request under the CCPA by contacting us at [email protected]  We will verify your request using the information associated with your account, including email address. Government identification may be requested. You may also designate an authorized agent to exercise these rights. Notwithstanding the foregoing, please note that if you do not have a 1Earth account, we may not have enough information about you to verify your data requests and to honor them.

 

f. Changes to 1Earth's Privacy Policy.  The Platform and our business may change from time to time. As a result, it may be necessary for 1Earth to make changes to this Privacy Policy. 1Earth reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated to be effective as of the date indicated above. Your continued use of the Platform after any changes or revisions to this Privacy Policy indicate your agreement with the terms of such revised Privacy Policy.

 

7.  EUROPEAN UNION DISCLOSURES

 

The following European Union (“EU”) privacy disclosures provide information about the collection, use, processing and sharing of data by 1Earth with regards to persons that reside or are located in the EU.  If you reside in the EU or send data through the Platform to persons located in the EU, the following additional disclosures apply. 

The GDPR (as defined below) is the toughest privacy and security law in the world. It was drafted and passed by the EU, and it imposes obligations onto organizations anywhere so long as they target or collect data related to people in the EU. The regulation was put into effect on May 25, 2018.

The GDPR applies to persons or companies that process data of EU residents, and to persons or entities that offer goods or services to EU residents. The guiding principles of the GDPR are reflected in Article 5.1-2 thereof that contains seven protection and accountability principles:

  • Lawfulness, fairness and transparency — Processing must be lawful, fair, and transparent to the data subject.
  • Purpose limitation — You must process data for the legitimate purposes specified explicitly to the data subject when you collected it.
  • Data minimization — You should collect and process only as much data as absolutely necessary for the purposes specified.
  • Accuracy — You must keep personal data accurate and up to date.
  • Storage limitation — You may only store personally identifying data for as long as necessary for the specified purpose.
  • Integrity and confidentiality — Processing must be done in such a way as to ensure appropriate security, integrity, and confidentiality (e.g. by using encryption).
  • Accountability — The data controller is responsible for being able to demonstrate GDPR compliance with all of these principles.

1Earth intends to comply fully with the GDPR in providing you with the Platform and Platform. In that regard, 1Earth adopts and makes applicable to EU residents all of the terms of the within Privacy Policy as it applies to EU residents.

Furthermore, 1Earth makes applicable the following terms for EU residents:

  • The Right to Access.  EU users have the right to request that 1Earth provide copies of your Personal data, for which you may be charged a small fee.
  • The Right to Rectification.  EU users have the right to request that 1Earth correct any information that you believe to be inaccurate.  You also have the right to request that 1Earth complete any Personal Data in its possession that you believe to be incomplete.   
  • The Right to Erasure.  EU Users have the right to request that 1Earth erase your Personal Data under certain circumstances as specified at length in the GDPR.
  • The Right to Object to Processing.  EU users have the right to object to 1Earth’s processing of a users’ Personal data, under certain conditions as specified at length in the GDPR.
  • The Right to Data Portability.  EU users also have the right to request that 1Earth transfer their Personal Data to another organization or directly to them as specified at length in the GDPR.

A copy of the GDPR is incorporated herein and made a part hereof.  EU users may access the GDPR at https://gdpr.eu/privacy-notice/.

If this Privacy Policy conflicts with the terms of the GDPR, or in the event of changes to the GDPR, the terms of the GDPR shall control, and any changes thereto shall be incorporated herein by reference. 

1Earth may update or change the GDPR provision of this Privacy Policy at any time to comply with the GDPR.

  

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