Privacy Policy

1.Introduction and definitions

The personal data operator is VIRTUAL DC GOLD S.R.L., based in Bucharest, Str. Popa Tatu no. 1-3, ground floor, ap. 1, sector 1, with no. of order at the Trade Register J40/14219/2022, CUI 46529183 (hereinafter referred to as ,,Aperatorul”).

   The operator undertakes to comply with the provisions of Law no. 190/2018, the provisions of Regulation no. 679/2016 on the protection of individuals with regard to the protection of personal data stored during and/or during the pre-tender phase and prior reservation (Whitelisting). As such, the Operator undertakes to maintain the confidentiality of the personal data of the Visitors/Buyers/Beneficiaries (hereinafter „Persons concerned”, or „Users”), as the case may be, and to process them according to the legislation in force. Their data will also not be transferred to other categories of recipients that do not provide an adequate level of protection.

 For a better understanding of the Privacy Policy, in the following we will define the categories of terms that we will use:

   ,,Blockchain” – computer ledger that ensure the storage of cryptocurrencies, transactions between /with cryptocurrencies, as well as other data related to transactions between cryptocurrencies;

   ,,Cookies” – A cookie is a small text file that stores settings from the Internet. Most websites use cookie technology. Cookies are downloaded by the Internet browser of the User the first time he visits a website. The following times when targeting the same website on the same device, the cookie and the information in it are either sent back to the website where it was generated (primary cookies), or to another website to which it belongs (cookies processed by third parties). Through this, the Platform can detect that it has already been opened using this browser and in some cases, it will then diversify the content it displays to provide a more enjoyable and useful experience for the User on the Platform.

   ,,Personal Data” means any information that relates to an identified or identifiable natural person. Different information that alone or gathered can lead to the identification of a particular person also constitutes personal data;

 ,,enFT” or ,,Non Fungible Token” (hereinafter ,,NFT Gold”) – is an unfungible token that represents a unique data unit from a computer ledger. The token, within the meaning of the Terms and Conditions, is associated with a photograph on which the Operator owns the intellectual property rights and signed by a plastic artist collaborating with VIRTUAL DC GOLD S.R.L., this being permanently recorded and monitored on a Blockchain ledger on which this NFT will be uploaded prior to the first sale, made by the Operator.

 ,,Partner” – the natural/legal person who facilitates the provision of Products and/or provides Services for the Operator;

   ,,Platforma” – refers to the site: www.nftgold.vip;

   ,,ll. Processing” means any operation or set of operations carried out on personal data or on sets of personal data, with or without the use of automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, alignment or combination, or, restriction, erasure or destruction;

   ,,Whitelisting” – the stage of collecting personal data of potential buyers of Gold NFTs for the purposes outlined in the Privacy Policy. ,,User” or „Targeted person”- means any person who visits or accesses the Online Platform or who uses this Platform in any way, in a manner that involves the transmission of personal data;

 In accordance with the provisions of the General Regulation on data protection no. 679/2016, you have the following rights:

   The right to information – the right to be informed about the identity of the controller, the purpose for which the data is processed, the recipients or categories of recipients of the data, and, the existence of the rights provided for by the GDPR and the conditions under which the rights may be exercised.

   Right of access – the right to obtain from us on request and free of charge, confirmation that the data concerning you are processed or not and the right of access to such data, unless such requests are repetitive or made in manifest bad faith;

   The right to rectification – you can request the rectification of inaccurate personal data or their updating, if your data differs from those already communicated;

 

Right to erasure (“the right to be forgotten”) – the deletion of data may take place when the processing was not lawful or in other cases provided by law (for example when the data is no longer necessary in relation to the purpose for which have been processed). However, the deletion of the data cannot take place when the processing takes place under the law;

   The right to restriction of processing – may require restriction of processing if you dispute the accuracy of the data, as well as in other cases provided by law;

 

The right to object – the right to oppose at any time, for legitimate and legitimate reasons, that your data is processed, and, except where there are legal provisions to the contrary or where the processing is based on our legitimate interest;

   Important! The law obliges us to comply with the request only for the processing carried out for direct marketing purposes (example: if you receive emails with advertisements from us you can ask us to unsubscribe). In other cases where there are legitimate and compelling reasons justifying the processing and which prevail over the interests, rights and freedoms of the data subject or that the purpose is to establish, establish, exercising or defending a right in court will require you to explain to us why you oppose processing when making your request, in order to make a final decision

 

Right to data portability – you may receive the personal data you have provided to us in a machine-readable format or request that such data be transmitted to another controller.

The right to lodge a complaint – if you do not agree with the way personal data are processed, or, you can file a complaint with the National Supervisory Authority for Personal Data Processing or you can address the courts.

   The right to withdraw consent – if the basis for data processing is consent, we inform you that this consent can be withdrawn at any time. Withdrawal of consent will only take effect for the future, the processing carried out prior to the withdrawal being valid. However, if the processing is mandatory for the provision of services and it can be carried out on the basis of other legal provisions, the company will proceed to such processing and notify the data subjects.

  The right not to be subject to automated decisions or additional profiling related to automated decisions – the right to request and obtain the withdrawal, cancellation or re-evaluation of any decision that produces legal effects, or, adopted exclusively on the basis of a processing of personal data, carried out by automated means, intended to evaluate some aspects of personality, such as professional competence, credibility, behaviour or other such aspects, when it is the case.

Persons under the age of 18 must contact their parent/guardian before communicating information to the controller in any way.


2. Who does the Privacy Policy apply to?

  The persons concerned by the processing of personal data are the natural persons who sign up and provide their personal data for the purpose of purchasing Gold NFTs, for the purpose of prior booking of Gold and// NFTs/or purchase Gold NFTs under these Terms and Conditions, regardless of whether it is later proven that these individuals did not ultimately perform the above operations, that is, individuals who accept the use of cookies in order to improve the online experience within the platform.


3. What categories of data do we collect? 

When we talk about personal data, we refer to the data by which a living individual can be clearly identified, such as the name and domicile in the identity card, address of residence, telephone number, e-mail address. Identification must be made solely on the basis of this information or in conjunction with other data in whose possession we are.

   The categories of personal data processed are mainly obtained directly from users and include: name, surname, IP, e-mail address and telephone number, etc, virtual wallet address, technical information and preferences collected through the use of cookies;

We inform you that you are required to provide accurate and accurate data to the Operator, otherwise this Privacy Policy is not applicable to you.


4. How do we process your personal data? 

By accessing the Platform to participate in the Whitelisting stage, the User expresses his consent to the processing of personal data for the purposes, conditions and terms mentioned in this Privacy Policy.

   By signing up and attending Whitelisting, Users declare that they agree with the provisions of this Privacy Policy and agree that their personal data will enter the Operator’s database (with the above-mentioned identification data), to be processed and used by him (personally or by proxy) for purposes such as: enrolment in the Whitelisting stage in order to present the intention for the purchase of the Gold NFTs, or, contacting the Operator by SMS, e-mail and/or telephone in connection with the Gold NFTs, confirmation of the Whitelisting reservation, communication of promotional and informational materials regarding NFT Gold, and, liability to user questions, provision of purchase assistance and safe delivery of NFT to the User. The legal basis of the processing is represented by art. 6 (1) letter a), b) and f) of Regulation no. 679/2016 On the protection of individuals with regard to the protection of personal data (since 25 May 2018). The controller undertakes that personal data are not transferred to a state that does not provide an adequate level of protection.

 

The provision of this data is necessary for the execution of the contract, respectively for participation in the Whitelisting stage and trading of Gold NFTs.

   Personal data will be processed for the duration necessary for the performance of the Contract, but no longer than 6 months, and subsequently, in order to comply with the applicable legal obligations, including, but without limitation, financial-accounting, tax and archiving legislation, if applicable. The personal data of the Users of the Platform are stored in electronic format through internal servers and the platform of our company, where the persons within the IT department have internal access, mainly, having attributions in the development or maintenance of the electronic platform made available to commercial partners and their customers.

   The personal data you provide to us as a Platform User will be stored mainly in an electronic environment, through our internal servers and our company platform.

 

The operator is not responsible for the data collected by the blockchain, by the companies that have made available to the Buyer/Beneficiaries the virtual wallets, respectively the data collected by the company with attributions of payment processor.

   IMPORTANTLY! With regard to data processed within the blockchain, data subjects acknowledge and accept that, technically, deletion of data is not possible, however, this is not a violation of your rights on the part of the Operator, as previously stated. For more information about the processing of personal data or for the exercise of your rights, you can contact the Operator at the following address:

 info@nftgold.vip.

 At the express request of any of the Users, the Operator shall ensure the exercise of any of the rights set out above. In order to exercise these rights, Users will send the Operator to the e-mail address: info@nftgold.vip , a written, dated and signed application.

Users will not be subject to automated decision-making (including profiling).


5. Purpose of the processing of personal data 

The purposes of the processing of personal data and the legal basis for each:

The personal data of the Visitors/Buyers/Beneficiaries are processed on the basis of the contractual relationship that is established by accepting this Privacy Policy, for the purpose of prior booking of Gold NFTs – registration and participation in the Whitelisting stage in order to present the intention for the purchase of Gold NFTs, contact, confirmation of Whitelisting reservation, etc, communication of promotional and informational materials on NFT Gold, registration and participation in the auction, respectively the purchase of NFTs Gold, and, solving the complaints made by them in connection with the above mentioned activities.
The data of the Buyers and/or Beneficiaries are also processed in order to fulfill the legal obligations incumbent on the Operator (such as those in financial, accounting, fiscal, archiving matters).
The data of the Users may also be processed by the Operator in the context of solving the requests regarding the exercise of the rights of the data subjects regarding the processing of personal data, as well as, on the basis of the legal obligation incumbent upon it under specific legislation.
The operator may also process data for the purpose of resolving complaints other than those mentioned above in points (I) and (III), made by persons who consider themselves injured, as well, on the basis of its legitimate interest.

   The Operator may also process personal data to defend its rights, implement this Privacy Policy for defense in court and/or/or initiating other judicial or administrative proceedings, including for the investigation of potential violations, the conduct of various reports, analyses and statistical studies on organised marketing campaigns and their success, and, on the basis of the legitimate interest of the Operator.

 

6. Cookies 

The user knows and agrees that at the time of accessing our services through the Platform, we may use cookies in order to simplify the browsing experience, allowing, for example, access of users who have registered in advance, access to promotions and competitions reserved exclusively for registered users, without having to register at each visit, without hereby obliging us to organize competitions or promotions dedicated exclusively to users who have registered in advance. We also use cookies to measure audience parameters, traffic and the number of visits.

Cookies included in this website that do not require consent.

   Mandatory cookies, known as “strictly necessary” cookies, allow functionalities without which the use of the website for the intended purpose would be impossible. These cookies are used exclusively by this Platform and are therefore known as “primary cookies”. They are saved only on the User’s device during navigation. An example of the need to use strictly necessary cookies is to ensure that what the User sees on the screen corresponds to the amount of data his Internet connection can manage. Furthermore, a cookie of this kind is used to store the consent of the User regarding the use of cookies on the Platform. User consent is not required for the use of strictly necessary cookies.

Primary cookies that require consent. 

Cookies that are not legally essential for the use of the Platform, however, perform important functions. Without these cookies, features that allow us to use our services easily, such as authentication or accessing your personal account, will no longer be available.

THE USE ON THIS WEBSITE OF COOKIES PROCESSED BY THIRD PARTIES THAT REQUIRE CONSENT

   This Platform integrates content belonging to third-party service providers. These third party service providers may place cookies while the User visits the Platform, thereby obtaining information on this fact. If you need more information about how these third party service providers use cookies, please visit their websites. If you do not want to accept cookies at all, then you can configure this directly in your browser.

We use our services for marketing purposes and to send you personalized offers related to NFT Gold.


7. Final provisions 

This Privacy Policy may be subject to changes or additions, but your rights may not be subject to changes in the sense of diminishing them, unless expressly provided for by applicable law.

We will publish any changes to the privacy policy in visible places so that updates can be easily identified and be aware of its contents. We will also keep previous versions of this Privacy Policy in the electronic archive so that it can be reviewed by you at any time by a simple request.

                                          

8. Contact us

   You can find us at the email address:

 info@nftgold.vip  

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