Effective date: July 22, 2023
Refract, Inc. (“Pocket Universe”, "us", "we", or "our") operates the Pocket Universe desktop and/or mobile application(s), website(s) and related services (collectively, the "Services").
This Privacy Policy (this “Privacy Policy”) informs you of our policies regarding the collection, use and disclosure of Personal Information (defined below) when you use the Services and the choices you have associated with that data.
By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions (available at https://pocketuniverse.app/terms).
Definitions
Personal Information
For the purposes of this Privacy Policy, unless otherwise required by applicable law, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or household.
Usage Data
“Usage data” is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the receiving address of a transaction).
Information Collection
Types of Personal Information Collected
Depending on how you interact with the Services, we may collect the following information about or from you:
Personal Information and contact information, such as your name, e-mail address, your digital-wallet address, and any other information you submit through form(s) available on the Services.
Communications between you and us. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any Personal Information provided during the communication.
Usage data and automatically collected technical information such as traffic data, location data, logs, and other communication data and the resources that you access and use the Services.
Information concerning blockchain-based and/or digital-asset transactions effected by you in connection with your use of the Services, including, but not limited to, digital-asset wallet address(es), digital assets and/or so-called “smart contracts” transacted in and/or with, the website or other address from which the transaction was initiated, etc.
Information about your computer and internet connection, including, but not limited to, the type of device you use, the IP address of your device, your operating system, information concerning the desktop and/or mobile application(s) you use (e.g., browser extension identification number(s), etc.), the type of Internet browser you use, unique device identifiers and other diagnostic data.
Sources of Personal Information
We collect Personal Information from various sources including data directly from you, from third parties and public sources, and from automated systems.
Direct interactions. You may give us your Personal Information by filling in forms or by corresponding with us by post, email, Discord, Twitter or otherwise. This includes data you provide when you:
begin using and/or otherwise subscribe to the Services;
participate in ways to improve customer satisfaction and customer experience;
engage customer support;
request marketing to be sent to you; and/or
give us feedback or contact us.
Third parties. We may collect information collected and provided to us by our affiliate and other third parties, public records, third-party providers of services to us (e.g., fraud detection, identity verification, analytics and security), consumer data resellers, social networks, joint marketing partners and affiliate companies.
Automated technologies or interactions. As you interact with our Services, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using log files and other similar technologies. Please see the Logs and Analytics section below for further details.
Retention of Personal Information
Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed for the relevant purpose, including to provide you with any of the Services, communications, information you have requested, or access to the Services, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Providing us with Personal Information
If you do not provide the Personal Information that is necessary, we may not be able to respond to your query or provide the Services to you. In the case of email marketing, you can choose to opt-out, refuse or stop the processing at any time.
Use of Personal Information
We, and our authorized third parties, will only process your Personal Information where we have legal grounds to do so. We use the Personal Information that we collect for various purposes, including:
To provide and maintain the Services. Our lawful basis is to fulfill any contractual terms with you.
To notify you about changes to the Services. Our lawful basis is to fulfill any contractual terms with you.
To allow you to participate in interactive features of the Services when you choose to do so. Our lawful basis is our legitimate interests and contract of providing the Services to you.
To provide customer support. Our lawful basis is our legitimate interests as a business in responding to and keeping a record of correspondence.
To gather analysis or valuable information so that we can improve the Services. Our lawful basis is our legitimate business interests in understanding and improving our services.
To monitor the usage of the Services. Our lawful basis is our legitimate business interests in understanding and improving our services.
To detect, prevent and address technical issues. Our lawful basis is to fulfill any contractual terms with you by providing technical support and our legitimate business interests in protecting the Services.
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information. Our lawful basis is your consent to choose to subscribe to any newsletter or marketing (and you can unsubscribe at any time).
Where we have indicated above that we rely on legitimate interests for processing of personal information, we carry out a ‘balancing’ test to ensure that our processing is necessary and that your fundamental rights of privacy are not outweighed by our legitimate interests, before we go ahead with such processing. You can contact us for more details using the details below.
Transfer of Personal Information Overseas
We are a global company and will collect and process your Personal Information around the globe. Your information, including Personal Information, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction from where it was collected and the applicable data protection laws may differ from those of your jurisdiction. We ensure that appropriate contractual protections are in place with such third parties in line with applicable law, including appropriate European Union / United Kingdom standard contractual clauses where necessary. Please contact us if you would like more details about our safeguards for data transfers.
Disclosure of Personal Information
Personal Information may be shared in the following circumstances:
Service providers
We may disclose Personal Information to third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, analytics, customer service and/or support providers and other similar service providers.
Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
We may disclose your Personal Information to law enforcement, government officials, or other third parties when we have a good faith belief that such action is necessary to:
Comply with a legal obligation, such as a valid court order or subpoena;
Protect and defend the rights or property of Pocket Universe;
Prevent or investigate possible wrongdoing in connection with the Services;
Prevent physical or financial loss;
Protect the personal safety of users of the Services or the public; and/or
Protect against legal liability.
Business Transfers
We may disclose and/or transfer Personal Information as part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
Protect our Rights
We may disclose Personal Information where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and/or to protect the rights, property or safety of Pocket Universe and/or our affiliates, partners, clients, customers and/or others.
Logs and Analytics
Log Files: Log file information is automatically reported each time you access the Services. When you use the Services, our servers automatically record certain information that your web browser sends whenever you visit any website and/or that the applicable desktop and/or mobile application(s) send whenever you use such application(s). These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, application version and/or identifier(s), referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Third Party Services: Pocket Universe uses PostHog (https://posthog.com/) to help understand use of the Services. PostHog collects information, including, without limitation, that sent by your browser as part of a web page request, including cookies and your IP address. Use of this information by each respective third party analytics service is governed by its privacy policy.
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We also have procedures to deal with any suspected Personal Information breach, and we will notify you and any applicable regulator when we are legally required to do so.
Automated Decisions
Automated decisions are decisions made without human intervention. We do not carry out this type of processing activity.
Links to Other Sites and Platforms
The Services may contain links to other websites, plug-ins and/or applications that are not operated by us. If you click a third-party link, you will be directed to that third party's site, which may allow third parties to collect or share data about you. We strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children's Privacy
We do not knowingly collect personally identifiable information from anyone under the age of majority in the jurisdiction they are accessing the services from. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verifiable parental consent, we will take steps to remove that information from our servers.
Do Not Track
We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Third parties may be able to collect information, including Personal Information, about your online activities over time and across different websites or online services when you use the Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.
California Shine the Light
Where applicable, California Civil Code Section 1798.83 California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request please contact us using the information provided in the Contact Us section below.
Virginia and Colorado Residents
Right to Opt-Out. You have the right to out of the processing of the personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. We do not process your Personal Information for (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
Right to Appeal. If you make a request to exercise any of the above data access rights and we are unable to comply with your request, you may request to appeal our decision. To appeal any data privacy request decision, please contact us by emailing founders@refract.xyz with the subject line “Data Access Request Appeal.” If after you complete the appeal process with us, you are still unsatisfied with our response, you may contact your Attorney General to file a complaint. Below are the contact information for the appropriate entity where you can inquire about filing an appeal:
Virginia residents:
Office of the Attorney General
202 North 9th Street
Richmond, Virginia 23219
Phone: (804) 786-2071
https://www.oag.state.va.us/
Colorado residents:
Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6000
https://coag.gov/
Nevada Residents
Although we do not sell Personal Information (as defined in Chapter 603A of the Nevada Revised Statutes), Nevada residents have the right to submit a verified request directing us not to sell your Personal Information. To submit such a request, please contact us using the information in the Contact Us section below.
EU/UK Residents
By law, you have a number of rights when it comes to your Personal Information. Further information and advice about your rights can be obtained from the data protection regulator in your country. The rights you have depend on the jurisdiction in which you are based.
For all rights, we usually act on requests and provide information free of charge, but, where allowed under the law, we may charge a reasonable fee to cover our administrative costs of providing the information for:
• baseless or excessive/repeated requests, or
• further copies of the same information.
Alternatively, we may be entitled to refuse to act on the request in some circumstances. Please consider your request responsibly before submitting it. We’ll respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know.
Under European and UK regulation, your rights are:
If you have given your consent to anything we do with your Personal Information, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your Personal Information with your consent up to that point is unlawful). This includes your right to withdraw consent to us using your Personal Information for marketing purposes.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via a prominent notice on the Services, prior to any significant changes becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Changes to your Information
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed as soon as possible if your Personal Information changes or is inaccurate during your relationship with us by using the contact details set out below.
Contact Us
If you have any questions about this Privacy Policy, please contact us:
By email: founders@refract.xyz