Privacy Policy

RAND GALLERY

PRIVACY POLICY

Last Updated: 1st November 2022

This privacy policy (“Privacy Policy”) is intended to provide you with specific details about how Rand Gallery, LLC (“Rand Gallery,” “we,” and “us”) collects and processes your personal and personally identifiable information through your use of the www.randgallery.com  and instantshuffle.com websites, associated services and Rand Gallery social media channels (“Website”). Rand Gallery is the data processor and data controller of all information collected through the Website. “NFT” in this Privacy Policy means a non-fungible token or similar digital item implemented on a blockchain which uses smart contracts to link to or otherwise be associated with certain content or data. 

You understand and agree that Rand Gallery may store and process your personal information on computers located outside of the European Union, including, but not limited to, in the United States. By using the Website, you agree to the collection and processing of your personal or personally identifiable information outside of the European Union.

Before using the Website or providing information to us, please carefully review this Privacy Policy. By using or accessing the Website, you agree that we may collect and use your personal and personally identifiable information in accordance with this Privacy Policy, as revised from time to time. If you have any questions or suggestions regarding our Privacy Policy, or if your personal information is not accurate or complete, please contact us at [email protected] or by post at:

Rand Gallery, LLC
8 The Green
Suite #13672
Dover, DE 1990
United States of America

By providing Rand Gallery with your personal or personally identifiable data and using the Website, you warrant that you are over the age of eighteen (18) or otherwise above the age of majority within your jurisdiction. If you are at least 13 years old but under 18 years old, you may only use the Website through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Website if you are under 13 years old. 

1. Personal Information Collected

When you use the Website, we may collect personal or personally identifiable information from you (“PII”). We also use third parties (for example content delivery network (CDN) providers to enhance the performance of the Website) who collect PII from you. PII may include any information capable of identifying an individual, but it does not include anonymized data.

We may collect and process the following categories of PII about you:

• Communication Data. Communication data includes your contact data (such as email, twitter handle and discord username), country of residence, and any communication that you may send to us through the Website, Airtable forms, email, social media and any other communication or customer support platform. We process this data to communicate with you, to record logs of our communication, to comply with our legal obligations, and to store information to respond to legal claims. Rand Gallery’s lawful ground for processing this communication data is to respond to communications sent by you to us, to keep records of our communication, and to pursue or defend against legal claims (legitimate interest and necessary to perform our services).

• User Data. User data includes data about how you use the Website (e.g. which NFT collections you most engage with) and any data that you post to or authorize through the Website. We collect and process this data to operate and improve the performance of the Website and to ensure that timely and relevant content is provided to you, to secure the Website, and to maintain backups of the Website. Rand Gallery’s lawful ground for processing this user data is its legitimate business interests in administering and offering the Website. 

• Technical Data. Technical data includes data about your use of the Website, such as your IP address, your login data, your blockchain address, your mobile phone model, your operating system, your geolocation, and your time zone. Rand Gallery may collect this data from your use of the Website and from third party providers we use to improve the performance of the Website. Rand Gallery processes this data to improve the performance of the Website, to analyze your use of the Website, to administer and secure the Website, and to deliver relevant content. Rand Gallery’s lawful ground for collecting and processing this technical data is its legitimate interests in administering and offering the Website and to run and otherwise grow or operate its business. Rand Gallery also processes this data to comply with its legal obligations.

• Marketing Data. Marketing data includes data about your preferences in receiving and interacting with Rand Gallery’s advertisements. Rand Gallery does not collect or use this data through the Website.

• Sensitive Personal Data. Sensitive personal data (special categories of personal data)  includes data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, union membership, or information about your health. Rand Gallery does not collect or use sensitive personal data through the Website.

• Public Information Observed from the Blockchain. We collect data from activity that is publicly visible and/or accessible on the blockchain. This may include blockchain addresses and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.

Rand Gallery will only use your PII for the purpose for which it was collected. In the event that Rand Gallery needs to use your PII for an unrelated new purpose, Rand Gallery will provide you with notice of this new use and will explain the lawful ground for such processing. Rand Gallery may process your PII without your knowledge or consent where required or permitted by law.

Rand Gallery does not use your PII to automatically make any decisions or to create an automated profile about you.

2. Cookies Policy

Rand Gallery may collect data about you through cookies and other technologies. This helps Rand Gallery understand how you use the Website and to understand any patterns that may be associated with your use of the Website. This aids Rand Gallery in developing or improving its Website in response to your needs or wants.

Rand Gallery may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Website and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. Rand Gallery may use persistent cookies when it utilizes Google Analytics or other analytics providers or providers to improve Website performance (for example WordPress).

Rand Gallery may also receive data from third parties including analytics and CDN providers. These third parties may be based outside of the European Union.

3. Other Uses

In addition, we may use your PII to personalize your experience on the Website and/or to improve the Website (it is necessary to perform our services), which means we may: 

• facilitate the creation of and secure your account;
• identify you as a user in our system;
• enable you to use the Website, including, but not limited to, helping you view, explore, and create NFTs using our tools and, at your own discretion, connect directly with others to purchase, sell, or transfer NFTs on the blockchain;
• improve the administration of our Website and quality of experience when you interact with our Website, including, but not limited to, by analyzing how you and other users find and interact with the Website;
• provide customer support and respond to your requests and inquiries;
• investigate and address conduct that may violate our Terms of Use and Service;
• detect, prevent, and address fraud, violations of our terms or policies, and/or other harmful or unlawful activity;
• enable search functionality via blockchain addresses or non-fungible domains (NFDs);
• communicate about employment opportunities or respond to other requests;
• comply with applicable laws, cooperate with investigations by law enforcement or other authorities of suspected violations of law, and/or to pursue or defend against legal threats and/or claims; and
• act in any other way we may describe when you provide the Personal Data.

4. Disclosure of Personal Information

Rand Gallery may share your PII with the following parties:

• Service providers that provide Rand Gallery with information technology or other administrative services;
• Rand Gallery’s accountants, auditors, insurers, or attorneys; and
• Government bodies that require Rand Gallery to report its processing activities.

Rand Gallery may also transfer PII to third parties when it sells, transfers, or merges any part of its business or assets. 

Rand Gallery requires all third parties that receive a transfer of PII from Rand Gallery to maintain the same level of respect for the protection of PII as Rand Gallery and Rand Gallery only allows third parties to process your personal data for the specific purposes listed in this privacy policy.

5. Data Security

Rand Gallery has put into place data security measures to protect your PII. Rand Gallery allows access to your PII only by employees, contractors and service providers who have a need to know or have been tasked on Rand Gallery’s instructions. Rand Gallery will notify you and any regulatory body of any breach of your PII or Rand Gallery’s security measures, if it is legally required to do so.

6. Retention of Data

Rand Gallery will only retain your PII for so long as necessary to fulfill the purposes for which it is collected under this Privacy Policy or for the purposes of satisfying any legal, accounting, or reporting requirements.

7. Rights of Users

Under the law, you have a right to request access to your PII for correction, transfer, erasure, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact Rand Gallery at [email protected]. 

You do not need to pay a fee to access your PII or to exercise your rights. However, Rand Gallery may charge a reasonable fee if your request is unreasonable or excessive.

To confirm your request, Rand Gallery may need to request specific information from you as a security measure to ensure that PII is not disclosed to an unauthorized third party. Rand Gallery will attempt to respond to all legitimate requests within thirty days.

If you choose to request erasure or restriction to our processing of your PII, you will not be able to use the Website.

If you have any questions about your rights, or you wish to file a complaint, we ask that you come to us first by sending a message to [email protected]. Please include (1) your name; (2) a summary of your complaint or a written description of the specific circumstances; (3) a summary of other steps taken, if any, by you to resolve this complaint; and (4) a preferred method of contact about your complaint – a mailing address, telephone number, email address or fax number. If you have any questions about your rights, or want to submit a complaint, you may also visit https://www.usa.gov/privacy#item-211540 for more information. 

8. California Privacy Rights

California residents have a right to request that we disclose what personal information we collect from you and whether, and how, we disclose or sell that personal information. California residents may also request that we delete any personal information collected or maintained by us from you. 

California residents may also have the right to opt out of the sale of their personal information by clicking a link or icon associated with an advertisement. Specifically, this link or icon may state “Do Not Sell My Personal Information” or “Do Not Sell My Info.” By selecting this link or icon, you “Opt Out,” which means that you have opted out of the sale of your personal information as set forth in the California Consumer Privacy Act. However, even though you may have opted out, you may still see interest-based advertisements. To learn more about interest-based advertising across websites and additional opt-out choices, you can visit http://optout.aboutads.info. If you opt-out of the sale of your personal information but do not opt out of interest-based advertising more generally, you may still receive ads tailored to your interests based on personal information that was not sold by us, personal information that was sold to downstream participants at least 90 days before you opted out, or personal information that was sold by other sources from which you have not opted out.

To submit a request for a list of the categories of personal information collected from you or to request that Rand Gallery delete your personal information, please email us at [email protected] or send a letter to us at the following address:

Rand Gallery, LLC
8 The Green
Suite #13672
Dover, DE 19901
United States of America

To verify your request, we may request certain information from you to confirm that you are a Rand Gallery user, such as your IP address, blockchain address(es), phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to Rand Gallery to disclose or delete your personal information. To do so, you must provide Rand Gallery with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by Rand Gallery that may be necessary to confirm that you are a Rand Gallery user, such as your IP address, blockchain address(es), phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by Rand Gallery for their exercise of these rights conferred under California law.

9. Information for Persons From Outside the United States

Rand Gallery is based in the United States and governed by U.S. law. If you are accessing our site from outside the United States, please be aware that personal information collected through the site will be processed in the United States, though not solely in the United States. Data protection laws in the United States are likely different from those of your country of residence. By submitting your personal information through our site, you acknowledge that your personal information will be processed in the United States (though not solely in the United States) in accordance with this policy. Visitors residing outside the United States may contact us at [email protected] for more information about our data practices.

10. Third Party Links

Rand Gallery’s Website may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. Rand Gallery does not control these third-party links and you are advised to review their respective privacy policies.

11. Responding to Do Not Track Signals

You can generally opt-out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our website is not currently set up to respond to browser do-not-track signals, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.

12. Notification of Changes

Whenever Rand Gallery changes its Privacy Policy, we will post those changes to this Privacy Policy on the Website and other places that we deem appropriate. Your use of the Rand Gallery Website following these changes indicates your consent to the practices described in the revised Privacy Policy.

13. Contact Us

If you have any questions about this Privacy Policy or the manner by which we collect or use Personal Information about you, email us at [email protected].