Privacy Policy
Last Updated: February 28, 2023

This Privacy Policy describes how BitNile.com, Inc. handles personal information that we collect through our metaverse platform available at bitnile.com, our online storefront available at shop.bitnile.com, website and any other sites or services that link to this Privacy Policy (collectively, the “Platform”).

Personal Information We Collect

When you interact with us through the Platform, we may collect personal information and other information from you, as further described below:

Information you provide

• Registration of account information, including your name, username, password, email address, and other information you provide to us when creating an account.

• Purchase and transaction information, for example when you purchase a product or service from us, we will collect certain information which may include identification information, your date of birth, your postal and/or residential address, telephone number and payment information. If the services you use allow you to conduct transactions, we may collect and retain some or all of the information related to these transactions, including transaction amount(s), parties involved, time and manner of exchange, and other transaction circumstances, such as payment method and names or emails of external third-party accounts. Payment information is processed by our third-party payment processor Shopify Payments, in accordance with Shopify Payments’ privacy policy and terms of service. We do not have access to payment card numbers.

• Information you provide when using our services, such as the information you provide to us when you interact with our Platform, including information about the products you use or purchase on our Platform (such as the product information, date of purchase, and information relating to any support issue). Please note that our services as it relates to our metaverse platform may offer chat functions (either one-to-one or within a limited group) or other forms of communication services (such as real time voice communication either one-to-one or within a limited group), forums, community environments (including multiplayer gameplay) or other tools or services that may can be accessible by anyone. Any information, content or communications, including personal information, you provide when you use any of these features will be available to the recipients and may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party.  While we endeavor at all times to protect the privacy of our users and to ensure no harm is caused through our services, we have no obligation to keep private any information you made available to other users or the public using these functions.

• Surveys, Contests, and Promotions, that we sometimes offer you to take part in. Depending on the nature of the survey, contest, or promotion, we may ask you, or you may volunteer, to provide certain personal information, such as your name, address or opinion

• Communicationsthat we exchange with you, including when you contact us with questions, feedback, or otherwise.

• Marketing information, such as your preferences for receiving communications about our services and publications, and details about how you engage with our communications.

Information we obtain from other sources

• Social media information. We may maintain pages on social media platforms, such as Facebook, YouTube, and Instagram. When you visit or interact with our pages on those platforms, you or the platforms may provide us with information through the platform.

• Third-party logins. When you link, connect, or login to the services with a third party service, you direct the service to send us information as controlled by that service or as authorized by you via your privacy settings at that service.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interactions over time with our Platform, our communications and other online services, such as:

• Device data,such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
• Online activity data,such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

• Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How We Use Personal Information

We may use your personal information for the following purposes:

To provide our services. This includes:

• Enabling you to create an account;

• Processing your payments;

• Administering, hosting, and operating our services and Platform;

• If we administer a survey, contest, or promotion, we will need to process certain personal information to do so. This will vary depending on the nature of the survey, contest, or promotion;

• Communicating with you and responding to any inquiries you may have; and

• Analyzing your use of our Platform and services to allow us to evaluate and improve the services.

For research and development. We may use your personal information for research and development purposes, including to analyze and improve our Platform and our business. As part of these activities, we may create aggregated, de-identified, or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Platform and promote our business.

Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use personal information for the following marketing and advertising purposes:

• Direct marketing. We may send you direct marketing communications as permitted by law, including by email. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.
• Interest-based advertising. We may engage third-party advertising companies, such as Google, to display our ads on their online services. We may also share information about our users with these companies to facilitate advertising for our services to them or similar users on other online platforms.

Except where consent is required, we undertake such marketing and advertising on the basis of our legitimate business interests. Where we seek your consent, you may withdraw your consent at any time.

Compliance and protection. We may use personal information to:

• Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
• Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).
• Audit our internal processes for compliance with legal and contractual requirements and internal policies.
• Enforce the terms and conditions that govern our Platform.
• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

Legal bases for processing (for United Kingdom and EEA individuals)

If you are an individual in the United Kingdom or European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable United Kingdom and/or EU laws.  The legal bases depend on the portions of the Platform that you use and how you use them. This means we collect and use your information only where:

• We need it to provide you with access to the Platform, including to operate the Platform, provide customer support and personalized features and to protect the safety and security of the Platform;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Platform and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose; or
• We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Platform.

How We Share Personal Information

Service providers. We share personal information with companies and individuals that provide services on our behalf or help us operate our services or our business (such as hosting services, communications, data and cyber security services, billing and payment processing services, fraud detection, investigation and prevention services, web and mobile analytics, email and communication distribution and monitoring services, and customer relation management systems).

Professional advisors. We share personal information with professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. We may share personal information with law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate, for example, to enforce our Terms of Service or other rules or policies.

Business transferees. We may share personal information with acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, BitNile or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Cross-border processing of your personal information

BitNile is headquartered in the United States. To provide and operate our services, it is necessary for us to process your personal information in the United States.

If we transfer personal information across borders such that we are required to apply appropriate safeguards to personal information under applicable data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.

Privacy Rights and Choices

Unsubscribe from direct marketing communications. You may opt out of marketing-related communications by following the opt out or unsubscribe instructions contained in the marketing communication we send you. You may continue to receive service-related and other non-marketing communications.

Opt out of push notifications. If you opt in to receive push notifications related to the Platform, we may send push notifications or alerts to your mobile device from time to time. You can deactivate push notifications and alerts at any time by changing your device settings, changing the push notification settings within the application, or deleting your account.

Personal information requests: In certain circumstances (including based on where you are located), you may have the following rights in relation to your personal information:

• the right to learn more about what personal information of yours is being processed, how and why such information is processed and the third parties who have access to such personal information. We have made this information available to you without having to request it by including it in this Privacy Policy;
• the right to access your personal information;
• the right to rectify/correct your personal information;
• the right to restrict the use of your personal information where permitted under applicable law;
• the right to request that your personal information is erased/deleted where permitted under applicable law;
• the right to data portability (i.e. receive your personal information or have it transferred to another controller in a structured, commonly-used, machine readable format) where permitted under applicable law; and
• the right to object to processing of your personal information or to direct us not to share your personal information with a non-affiliated third party where permitted under applicable law.

To make a request, please email us as provided in the “How to Contact Us” section below. We may ask for specific information from you to help us confirm your identity. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

In addition, where you have provided your consent to processing for the purposes indicated above, you may withdraw your consent at any time (or otherwise exercise your aforementioned rights in relation to your personal information) by contacting us below(see contact details below).

Please note that in some circumstances, we may not be able to fully comply with your request, for example if we are required to retain certain information about you to comply with applicable laws and regulations or if the information is necessary in order for us to provide the services you requested. In particular, we, and our collection and processing of your personal information, may be governed by laws and regulations on anti-money laundering, fraud prevention, taxation and financial services. We will not discriminate against you for exercising your rights. We will not deny you access to our services, or provide you a lower quality of services if you exercise your rights.

You also have the right to lodge a complaint with the relevant authority (as applicable) or a supervisory authority in the UK or EU member state of your usual residence or place of work or of the place of the alleged breach, if you consider that the processing of your personal information carried out by BitNile or any of our affiliates or third-party service providers, has breached data protection laws. Individuals and data protection supervisory authorities in the EU and the UK may contact our data protection representatives according to Articles 27 EU and UK GDPR:

You may also appeal to certain courts against (A) any failure of the relevant authority to give written notice of whether the complaint is either being investigated or not being investigated and, where applicable, the progress and the outcome of the investigation or (B) a determination of the relevant authority not to investigate the complaint or a determination that a controller or processor has not breached or is not likely to breach an operative provision in connection with the complaint.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our services, which we have summarized below:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.

• Using privacy plug-ins or browsers. You can block our websites from setting cookies by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.

• Google Analytics. We use Google Analytics to help us better understand how people engage with our services by collecting information and creating reports about how users use our services. For more information on Google Analytics, click here. For more information about Google’s privacy practices, click here. You can opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.

Note that because these opt out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other sites, mobile applications and services

Our Platform may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information. In the event that we are required to notify you about a situation involving your data, we may do so by email or telephone to the extent permitted by law.

Data Retention

We may retain your personal information for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of such information, the potential risk of harm from unauthorized use or disclosure of such information, the purposes for which we process it, and the applicable legal requirements.

Children

Our Platform is not intended for children, and we do not collect personal information from them. We define “children” as anyone under 18 years old. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact us at the email noted below.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy. We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner.

How to Contact Us

If you have any questions about our Privacy Policy or information practices, please feel free to contact us at our designated request address: [email protected].