SuperRare Privacy Policy

Our Platform was built with your privacy in mind. This Privacy Policy (“Policy”) describes how we, SuperRare Labs, Inc. (“SuperRare,” “we,” “us,” or “our”), collect, use, share, and secure your Personal Information when you visit the SuperRare Platform (https://superrare.co, https://superrare.com) (the “Platform”) or create, buy, transfer, or trade unique SuperRare Items in our Market (the “Market”).

This Policy also applies when you connect a third-party or embedded digital wallet, create an account or wallet using an email address, make payments using cryptocurrency or a credit or debit card, acquire SuperRare Items that include or are accompanied by physical works or goods, or otherwise access or use our products, features, and services (collectively, the “Services”). Capitalized terms not defined in this Policy have the meanings given to them in our Terms of Service.

By accessing the Site or trading SuperRare Items through the Market, you agree to this Privacy Policy and our

Public Blockchains and Information You Make Public

The Services operate on public blockchains, including the Ethereum blockchain. When you mint, buy, sell, transfer, or otherwise transact in SuperRare Items — including ERC-721, ERC-1155, and ERC-20 edition tokens — your public wallet address and the details of your transactions are recorded on a public, decentralized, and immutable ledger that we do not own or control. This information is publicly visible, may be permanent, and generally cannot be changed, deleted, or erased by us or by you. Your wallet address and on-chain activity are pseudonymous but may be correlated with your identity or other Personal Information by us or by third parties, including through blockchain-analytics services. You should have no expectation of privacy in information recorded on a public blockchain, and you transact at your own risk.

Personal Information We Collect

We may collect information reasonably capable of identifying you as an individual (“Personal Information”). Personal Information does not include anonymous or aggregate information that does not identify you as an individual.

• Creating a User Account: If you sign up to use our Platform, we collect your Ethereum wallet address, username, and email address. The User may elect to provide their full name, location, biographical information, and a website.
• Email Sign-Up and Embedded Wallets: You may create an account or a wallet using only an email address through our third-party wallet-infrastructure provider, Reown (formerly WalletConnect), and its embedded-wallet services. If you use this option, Reown collects your email address and uses it to create and secure an embedded, self-custodial wallet for you. Your email address and related authentication information are provided to and processed by Reown as an independent third party under Reown’s own privacy policy and terms, over which we have no control. We do not custody your embedded wallet or its private keys, and you are solely responsible for maintaining the security of the email account associated with your wallet. We encourage you to review Reown’s privacy policy before using this feature.
• Applying as an Artist: If you want to join the world’s top digital artists in our Market, we collect your first and last name, email address, a short application video, Ethereum wallet address, and information about your art.
• Payments (Cryptocurrency and Card): When you make or receive payments, we collect transaction information such as your wallet address, transaction hashes, amounts, and timestamps. If you pay by credit or debit card where available, your payments are processed by our third-party payment processor, Coinflow, and its payment partners. Your card number, billing information, and related payment details are collected and processed directly by Coinflow under its own privacy policy and terms; SuperRare does not receive or store your full payment card number. We may receive limited information, such as confirmation of payment, the last four digits of your card, and your billing country, to complete your purchase, prevent fraud, and meet our legal obligations.
• Physical Items and Fulfillment: Certain SuperRare Items may be offered by a Creator together with, or with the option to receive, a physical work or good. If you acquire such an item, we or the Creator may collect your name, shipping address, and contact details in order to fulfill or facilitate delivery, and we may share this information with the Creator and with third-party print, production, or fulfillment providers. Fulfillment of any physical item is the responsibility of the Creator or the applicable provider, and not of SuperRare.
• Identity Verification and Compliance Information: To comply with applicable law and to detect and prevent fraud, money laundering, sanctions violations, and other prohibited activity, we or our service providers may collect and verify identity information — such as your name, date of birth, country of residence, and, where required, a government-issued identification — and may screen your wallet address and transactions against sanctions and other watchlists using blockchain-analytics and identity-verification providers.
• Information Collected Automatically: When you access or use the Services, we automatically collect certain device and usage information, including your IP address, browser and device type, device identifiers, operating system, the pages and content you view, referring and exit pages, and an approximate location derived from your IP address. We collect this information using cookies and similar technologies described in the Cookies section below.
• Information From Other Sources: We may receive information about you from third parties, including wallet and blockchain-infrastructure providers (such as Reown), payment processors (such as Coinflow), analytics and advertising partners, blockchain-analytics and identity-verification providers, and publicly available blockchain data. We may combine this information with the Personal Information we otherwise collect.
• Visiting the Site or Market: We also collect basic analytics data when you access or use the Platform through Cookies. See our Cookies Policy below for more information about the Cookies we use and what data they may collect.

Sensitive Personal Information. Some of the information described above — such as government-issued identification and precise financial or payment information — may be considered “sensitive” under certain privacy laws. We collect and use it only for the purposes described in this Policy and as permitted by applicable law.

What We Do With Personal Information We Collect

We use the Personal Information we collect to:

• Make the Platform work and enable you to list, buy, transfer, or trade unique digital art;
• Provide you with critical updates, confirmations, or security alerts;
• Provide support or respond to your comments or questions;
• Inform you about products, services, news, or promotional opportunities we think might interest you;
• Process and verify cryptocurrency and card payments through our payment processors;
• Verify your identity and screen wallet addresses and transactions to detect and prevent fraud, money laundering, sanctions violations, and other prohibited or illegal activity;
• Operate email sign-up and embedded-wallet features and facilitate the delivery of physical items;
• Comply with our legal, regulatory, tax, and law-enforcement obligations and enforce our Terms of Service and other agreements.

Legal Bases for Processing (EEA, UK, and Switzerland)

If you are located in the European Economic Area, the United Kingdom, or Switzerland, we process your Personal Information only where we have a legal basis to do so, namely: (i) the performance of a contract with you or to take steps at your request before entering into a contract; (ii) your consent, which you may withdraw at any time; (iii) our legitimate interests in operating, securing, analyzing, and improving the Services and preventing fraud and abuse, provided those interests are not overridden by your rights and freedoms; and (iv) compliance with a legal obligation to which we are subject.

When We May Share Personal Information

We rely on service providers to make some of the Platform’s features work, including our website providers or the company who supports the chat feature. These providers may have access to Personal Information we collect so they can do this work on our behalf. We work hard to ensure these providers only access and use your information as necessary to perform their functions. We do not guarantee that other platforms follow best privacy practices.

More specifically, we may disclose Personal Information to: (a) service providers and processors that perform functions on our behalf, such as hosting, analytics, customer support, wallet infrastructure (Reown), and payment processing (Coinflow); (b) Creators and third-party print, production, and fulfillment providers, to deliver physical items; (c) other blockchain participants and the general public, because on-chain transactions are inherently public; (d) our professional advisors and, in connection with a merger, financing, acquisition, reorganization, or sale of assets, the parties to that transaction; and (e) law enforcement, regulators, courts, or other parties where we believe disclosure is required or permitted by law, or as described under “Important Limitations” below. We do not sell your Personal Information for monetary consideration. Certain sharing of identifiers and online activity for cross-context behavioral advertising may be considered a “sale” or “sharing” under some U.S. state privacy laws; see “Your Privacy Rights” below for how to opt out.

Cookies

We also collect basic analytics data through Cookies when you access or use the Platform. A “Cookie” is a small piece of data or text file stored on the local hard disk of your computer or mobile device. These include our own first-party Cookies and third-party Cookies. Some Cookies are only stored temporarily and destroyed each time you close your web browser. Others may remain on your browser and may collect and store data for a period of time after you have left the Platform.

How we use Cookies

• Functionality: Our Platform uses Cookies to ensure the Platform functions properly, including page loads or our chat feature.
• Performance and Analytics: Our Platform uses Cookies to gather usage and performance data. This enables us to monitor and improve the Platform’s performance, our services, and your experience.
• Google Analytics: We use Google Analytics to understand how users interact with the Platform and serve you information about products or services we think you may like. You can find out more about Google Analytics and how to opt-out here.

How you can control Cookies

If you wish to prevent Cookies from tracking your activity on our Platform or visits across multiple websites, you can set your browser to block certain Cookies or notify you when a Cookie is set. For more information on how you can customize your browser’s Cookie setting please visit the link to your web browser below:

• Chrome
• Safari
• Internet Explorer
• Mozilla

You may opt-out of interest-based advertising in general by visiting the Digital Advertising Alliance’s or Network Advertising Initiative’s websites. We are not responsible for the completeness, effectiveness, or accuracy of any third-party opt-out options or programs.

If you block Cookies, some features that make the Platform function property may not work and your experience may be affected.

Your Rights

You may contact us at hello@superrare.com to update or correct any Personal Information we collected about you.

You can unsubscribe from commercial or marketing communications from us by contacting us at hello@superrare.com or following the instructions at the bottom of any email you receive from us.

Your Privacy Rights

Depending on where you live, you may have some or all of the following rights with respect to your Personal Information, subject to legal limits and identity verification: the right to know or access the Personal Information we hold about you and how we use and share it; the right to correct inaccurate information; the right to delete your information; the right to obtain a portable copy of your information; the right to opt out of the “sale” or “sharing” of your information and of targeted or cross-context behavioral advertising; the right to limit the use of sensitive Personal Information; the right to withdraw consent; and the right to appeal a decision on your request. We will not discriminate against you for exercising any of these rights.

To exercise your rights, contact us at privacy@superrare.com. We will take reasonable steps to verify your identity before responding and will respond within the time required by applicable law. You may use an authorized agent to submit a request on your behalf where permitted, subject to our verification of the agent’s authority.

Blockchain limitation. Because information recorded on public blockchains is decentralized, public, and outside our control, and generally cannot be modified or deleted, we may be unable to correct, delete, restrict, or stop processing on-chain information, including your wallet address and transaction history. Rights that would require altering the blockchain cannot be fulfilled.

California Privacy Rights

• Third-party marketing: We do not provide your information to third parties for their direct marketing purposes. However, we may share aggregate or other information that no longer personally identifies you with other parties for our business purposes, marketing, analytics, or other uses.
• Do not track: Some web browsers or smartphones can set “Do Not Track” requests to block user activity from being tracked across web pages or devices.

Global Privacy Control. Although we do not respond to “Do Not Track” signals as described above, we honor the Global Privacy Control (GPC) and similar browser-based opt-out preference signals as a valid request to opt out of the “sale” or “sharing” of Personal Information for the browser or device on which the signal is enabled.

California — Notice of Collection, Sale/Sharing, and Sensitive Information

In the preceding twelve months, we have collected the following categories of Personal Information from the sources and for the business and commercial purposes described in this Policy: identifiers (such as email address, wallet address, username, and IP address); commercial and financial information (such as transaction and payment information); internet and network activity; approximate geolocation; audiovisual information (such as an artist application video); professional information; and, where required for verification, government-identification and other sensitive information. We disclose these categories to the categories of recipients described under “When We May Share Personal Information” for our operational, compliance, and advertising purposes. We do not sell Personal Information for money and do not knowingly sell or share the Personal Information of consumers under 16 years of age. California residents may exercise their rights, including the right to opt out of sale/sharing and to limit the use of sensitive Personal Information, by emailing privacy@superrare.com or by using a “Do Not Sell or Share My Personal Information” or “Limit the Use of My Sensitive Personal Information” link where made available, or by enabling the Global Privacy Control. We do not offer financial incentives in exchange for Personal Information.

Other U.S. State Privacy Rights

If you are a resident of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, or another state with a comprehensive privacy law, you may have rights to access, correct, delete, and obtain a copy of your Personal Information, and to opt out of targeted advertising, the sale of Personal Information, and certain profiling. To exercise these rights, or to appeal a denial of a request, contact us at privacy@superrare.com. We will respond within the period required by the applicable state law.

EEA, UK, and Swiss Privacy Rights

If you are located in the European Economic Area, the United Kingdom, or Switzerland, you have the rights to access, rectify, erase, restrict, and object to the processing of your Personal Information, the right to data portability, and the right to withdraw consent at any time without affecting the lawfulness of prior processing. You also have the right to lodge a complaint with your local data protection supervisory authority. To exercise these rights, contact us at privacy@superrare.com.

International Data Transfers

We are based in the United States and may process, store, and transfer your Personal Information in the United States and in other countries whose data-protection laws may differ from those of your jurisdiction. Where we transfer Personal Information from the European Economic Area, the United Kingdom, or Switzerland to a country that has not received an adequacy decision, we rely on appropriate safeguards, such as the European Commission’s Standard Contractual Clauses and the UK International Data Transfer Addendum. You may request a copy of the relevant safeguards by contacting us at privacy@superrare.com.

Data Retention

We retain Personal Information for as long as necessary to provide the Services, to comply with our legal, tax, accounting, and regulatory obligations, to resolve disputes, and to enforce our agreements, after which we delete or de-identify it. Information recorded on public blockchains is permanent and remains outside our control regardless of our retention practices.

Data Security

We use reasonable technical, administrative, and organizational measures designed to protect Personal Information against loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security. You are responsible for safeguarding your wallet credentials and private keys, the email account associated with any embedded wallet, and your payment-card information.

Minors and Children

The Platform is not intended for use by children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 13.

You must be at least 18 years old to connect a wallet, make purchases, apply as an artist, or otherwise transact through the Services. If we learn that we have collected Personal Information from a person under the applicable minimum age in a manner not permitted by law, we will take steps to delete it.

Third-Party Links and Services

Our Policy only applies to our Platform and does not apply to third-party websites or services because we do not control those third parties. We are not responsible for the privacy practices or content of third-party websites. We encourage you to review the privacy policies of those third-party sites to learn about their practices or what rights you may have.

Third-party services you may use through or alongside the Services include digital-wallet and wallet-infrastructure providers (such as Reown), payment processors (such as Coinflow), blockchain networks and block explorers, analytics and advertising providers, and print or fulfillment providers. Your use of those services is governed by their own privacy policies and terms, which we do not control and are not responsible for.

The Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) sets forth a Notification and Counter Notification process initiated by a party complaining of alleged copyright infringement on the SuperRare Platform. We may share information of the notifying, counter-notifying party, and any involved third parties, such as a Collector, of an allegedly infringing artwork to facilitate communication between the relevant parties for the purposes of complying with or resolving a DMCA dispute or allegation of copyright infringement.

Important Limitations

Nothing in this Policy restricts our ability to:

• Comply with applicable law, rules, or regulations, including the DMCA;
• Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or lawful court order;
• Cooperate with law enforcement agencies about conduct we reasonably and in good faith believe may violate the law;
• Protect our rights or our property;
• Enforce our Terms of Service; or,
• Prevent behavior that is (or that we think may be) illegal or unethical.
• Detect, investigate, and prevent fraud, money laundering, sanctions violations, and other prohibited or illegal activity, including by screening wallet addresses and transactions; or,

Changes to this Policy

Our commitment to preserving your privacy will not change, but our Platform may evolve. The effective date of each version is identified above. If we make material changes to this Privacy Policy, we will use reasonable means to inform you and, where necessary, obtain your consent.

Questions

If you have questions about this Policy or how we treat your Personal Information, please contact us at hello@superrare.com.

For privacy-specific questions or to exercise your rights, please contact us at privacy@superrare.com.