Privacy policy

Last revised and effective as of: January,23 of 2023


This Privacy Policy applies to information collected online by Barter Yard Club, Inc.


(“Barter Yard Club”, “barteryard.club”, « we » or “us” or “our”) through your use of the Barter Yard Club website at https://.barteryard.club and any subdomains thereof (the “Site”) and the services, features, and information available on the Site and/or any mobile applications we may offer now and in the future, including without limitation our direct user-to-user NFT swapping platform (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, the “Service”). Additionally, if you are a social media influencer with whom we interact and engage to promote the Service (each, an “Influencer”), this Privacy Policy also applies to our processing of your information. This Privacy Policy is incorporated into, and part of, and governed by the Barter Yard Club Terms of Use. As used in this Privacy Policy (a) “GDPR” means the General Data Protection Regulation (EU) 2016/679; (b) “UK Data Protection Laws” means the UK GDPR and the UK’s Data Protection Act 2018 (“UK DPA 2018”); © “UK GDPR” means the UK equivalent of the GDPR, as defined in section 3(10) (and as supplemented by section 205(4)) of the UK DPA 2018; and (d) “European Data Protection Laws” means the GDPR and/or UK Data Protection Laws, in each case to the extent applicable


You should carefully read this Privacy Policy. To the extent that the Service is available to individuals located in the European Economic Area or the United Kingdom, this Privacy Policy sets out our practices and obligations under the European Data Protection Laws, to the extent applicable. Under the European Data Protection Laws, to the extent applicable, we will act as a controller of your personally identifiable information that we process under this Privacy Policy


As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within Barter Yard Club or among our affiliates within France or internationally


This Privacy Policy serves to notify you of the following:


  • What information about me is collected?
  • Where and when is information collected (including through the use of cookies and action tags)?
  • Is information submitted to the Public Areas of the Service private?
  • Is a username or avatar private?
  • Does Barter Yard Club collect information from children under 13 years of age?
  • What does Barter Yard Club do with the information it collects?
  • When does Barter Yard Club disclose information to third parties?
  • Does this Privacy Policy apply when I link to other websites or services?
  • Is the information collected through the Service secure?
  • Could my information be transferred to other countries?
  • For how long will my personally identifiable information be kept?
  • What choices do I have regarding my personally identifiable information?
  • How will I know if there are any changes to this Privacy Policy?
  • Who do I contact if I have any privacy questions?






WHAT INFORMATION ABOUT ME IS COLLECTED?


Depending on your use of the Service, we may collect two types of information: personally identifiable information and non-personally identifiable information.


Personally Identifiable Information


Personally identifiable information is information that identifies you or can be used to identify or contact you. Such information may include your name, username, e-mail address, public wallet address, crypto balances linked to your public wallet address, and NFTs owned or sold by you and linked to your public wallet address. Additionally, if you are an Influencer, we may collect your name, contact details, social media handles, publicly available social media and other content and information, and, if you promote the Service using one of our affiliate links, we will track the success of the campaign through engagement with such affiliate link. All references to personally identifiable information shall be deemed to include ‘personal data’ as defined and used in the European Data Protection Laws (to the extent applicable).


Non-Personally Identifiable Information


Non-personally identifiable information is information, any single item of which, by itself, cannot be used to identify or contact you, including non-identifiable demographic information, IP address, browser types, browser version, unique device identifiers, device types, requested URL, referring URL, browser language, the pages you view and the time spent on those pages, the date and time of your visit, domain names, and statistical data involving the use of the Service. Certain non-personally identifiable information may be considered a part of your personally identifiable information if it were combined with other identifiers in a way that enables you to be identified. However, the same pieces of information are considered non-personally identifiable information when they are taken alone or combined only with other non-personally identifiable information (for example, your viewing preferences) in a way that would not enable you to be identified.


WHERE AND WHEN IS INFORMATION COLLECTED (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?


We will collect personally identifiable information that you submit to us. We may also receive your public wallet address (including crypto balances linked to your public wallet address and NFTs owned or sold by you and linked to your public wallet address) from our Multi-Chain Web3 Authorization Platform. And, if you are an Influencer, we may collect publicly available information about you (such as your name, contact details, social media handles, publicly available social media and other content and information).


Registering to Use the Service and in the Course of Using the Service.


You may be required to establish an account in order to take advantage of certain features of the Service. If so, if you wish to establish an account you will be required to provide us with information (including personally identifiable information and non-personally identifiable information) such as your public wallet address. In addition, we may obtain your personally identifiable information from you if you identify yourself to us by communicating with us including by sending us an e-mail with questions or comments. Also, we will have access to any personally identifiable information that you choose to share through the Service.



Cookies and Action Tags.


We may collect information passively using “cookies” and “action tags.”


“Cookies” are small text files that can be placed on your computer or mobile device in order to identify your web browser and the activities of your computer on the Service and other websites. Cookies can be « persistent » or « session » cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.


We use both session and persistent cookies. Persistent cookies allow us to remember choices you make when you use the Site, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the Site. Session cookies are essential to provide you with the Service available through the Site and to enable you to use some of the Site’s features. Session cookies help to authenticate users and prevent fraudulent use of user accounts.


In addition to cookies that we may place on your computer or mobile device, cookies might also be placed on your computer or mobile device by third parties that we use to provide analytics-related services or to collect non-personally identifiable information in order to provide analytics-related services. In the course of providing analytics related services, such third-party analytics providers could place or recognize unique cookies on your browser.


Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the « Help » section of the toolbar. However, if you reject cookies, certain features or resources of the Service may not work properly or at all and you may experience some loss of convenience. In particular, without session cookies, the Service cannot be provided, and we only use session cookies to provide you with the Service.


For the avoidance of doubt, the Service uses third-party service platforms (including to help analyze how users use the Service). These third-party service platforms may place cookies on your computer or mobile device. If you would like to disable « third party » cookies, you may be able to turn them off by going to the third party’s website.


Here are links to the main third-party platforms we use:


https://www.google.com/policies/privacy/



« Action tags, » also known as web beacons or gif tags, are a web technology used to help track website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of the Service, including e-mail sent on our behalf, may contain action tags.



By using cookies and action tags together, we can gain valuable information to improve the Service and measure the effectiveness of our marketing campaigns. We may also combine information collected from cookies with information that you may provide, such as information provided in a form that you complete.


Finally, you should be aware that third parties may use their own cookies or action tags when you click on a link to their websites or services on or from the Service. This Privacy Policy does not govern the use of cookies or action tags or the use of your information by such third-party websites or services.


Log Files.


We also collect information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Service. This information may be used to analyze trends, to administer the Service, to monitor the use of the Service, and to gather general demographic information. We may link this information to personally identifiable information for these and other purposes such as personalizing your experience on the Service and evaluating the Service in general.


Public Areas.


The Service may feature various community areas and other public forums (the « Public Areas ») where Service users with similar interests can share information and post questions for others to answer. The Public Areas include, without limitation, the Service’s functionality that enables users to effectuate direct user-to-user swaps with other users, which functionality includes the ability to chat directly with other users. Any information you put into the chat will be visible to the other user with whom you are chatting, should not be considered private, and, accordingly, should be understood as part of the Public Areas. Additionally, given that the blockchain is a public record, the transaction records associated with any transactions you make using the Service will be publicly available on the blockchain and should be considered as part of the Public Areas. This would include any transactions you effectuate with another user through the Service. In particular, crypto balances linked to your public wallet address and the NFTs owned or sold by you and linked to your public wallet address, including through the Service, will be publicly visible, including to other users, and will be attributed to your username, and will be part of the Public Areas. These Public Areas are open to the public and should not be considered private. We cannot prevent information included within a Public Area from being used in a manner inconsistent with this Privacy Policy, the law, or your personal privacy. We are not responsible for the results of such postings or for the accuracy of any information contained in those postings.


Any information you share in a Public Area (including personally identifiable information) is by design open to the public and is not private. You should think carefully before posting any information in any Public Area. What you post can be seen, disclosed to or collected by others and may be used by others in ways we cannot regulate or predict. As with any public forum on any website, the information you post may also show up in third-party search engines like Google, Yahoo, and Bing. If you mistakenly post personally identifiable information in a Public Area you can send us an e-mail to request that we remove it by contacting us at [email protected] You should understand that in some cases, we may not be able to remove your information


IS INFORMATION SUBMITTED TO THE PUBLIC AREAS OF THE SERVICE PRIVATE?


No. Any information shared in the Public Areas of the Service is available to the public, including to all users. Such information is not protected or treated as confidential, can be used in any manner, and is not subject to this Privacy Policy. If you wish to keep any information private or proprietary, do not submit it to the Public Areas of the Service. NOTWITHSTANDING THE FOREGOING, WE HAVE NO RESPONSIBILITY OR LIABILITY IF A USER’S INFORMATION OR IDENTITY IS MISUSED OR STOLEN, OR IF A USER SUFFERS HARM AS A RESULT OF VOLUNTARY DISCLOSURES.



IS A USERNAME OR AVATAR PRIVATE?


No. A user’s username (including any crypto balances linked to your public wallet address and NFTs owned or sold by you and linked to your public wallet address) and avatar are available to the public, including to all users, when a user shares or posts information in the Public Areas of the Service. When prompted to create a username and avatar, we advise users to use non-personally identifiable information – i.e., select a username that is not similar to a user’s actual name and select an avatar that does not display the user’s image – because such information can be publicly available to all users


DOES Barter Yard Club COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?


We are committed to protecting the privacy of children. The Service is not designed for or directed to children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.



WHAT DOES Barter Yard Club DO WITH THE INFORMATION IT COLLECTS?


We will only use your personally identifiable information to the extent that the law allows us to do so. Pursuant to the European Data Protection Laws, legal bases for our processing your personally identifiable information may include (without limitation):


  1. where you have given consent to the processing, which consent may be withdrawn at any time without affecting the lawfulness of processing based on consent prior to withdrawal;


  1. where it is necessary to perform the contract we have entered into or are about to enter into with you (whether in relation to the provision of the Service or otherwise);


  1. where it is necessary for us to comply with a legal obligation to which we are subject; and/or


  1. where it is necessary for the purposes of our legitimate interests (or those of a third party) in providing, improving, or marketing the Service and your interests or fundamental rights and freedoms do not override those legitimate interests.


We use the information collected to provide the Service to you and process your transactions, to help us understand who uses the Service, for internal operations such as operating and improving the Service, and to facilitate the delivery of advertising.




If you are an Influencer, unless you opt-out (to the extent permitted by applicable law), we may use the information collected to reach out to you to engage with you for our influencer marketing campaigns as they relate to our Service. We will also use information of Influencers to assess the effectiveness of our influencer marketing campaigns.


If you identify yourself to us by sending us an e-mail with questions or comments, we may use your information (including personally identifiable information) to respond to your questions or comments, and we may file your questions or comments (with your information) for future reference.


We may also use the information collected to send announcements and updates regarding the Service. You will not be able to unsubscribe from these Service announcements and updates as they contain important information relevant to your use of the Service and are necessary for the performance of our contract with you.


We may also use the information gathered to perform statistical analysis of user behavior or to monitor and improve the Service. We may link some of this information to personally identifiable information for internal purposes or to improve your experience with the Service.


WHEN DOES Barter Yard Club DISCLOSE INFORMATION TO THIRD PARTIES?


We generally disclose information we gather from you through the Service to the following types of third parties and as otherwise set forth in this Privacy Policy or our Terms of Use or as specifically authorized by you.



Laws and Legal Rights.


We may disclose your information (including personally identifiable information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, lawful requests by public authorities, including to meet national security or law enforcement requirements, or other valid legal process. We may disclose personally identifiable information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Barter Yard Club Terms of Use or another contract with us, to detect fraud, for assistance with a delinquent account, or to protect the safety and/or security of our users, the Service or the general public.


Third Parties Generally.


We may provide to third parties non-personally identifiable information, including where such information is combined with similar information of other users of the Service. For example, we might inform third parties regarding the number of unique users who use the Service, the demographic breakdown of our users of the Service, or the products and/or services purchased using the Service and the vendors of such products and services. In addition to the above, when users use our Service, third parties (including without limitation third-party analytics service providers and commercial partners) may directly collect personally identifiable and non-personally identifiable information about our users’ online activities over time and across different websites. The third parties to which we may provide or who may independently directly collect personally identifiable and non-personally identifiable information may include analytics services providers, website tracking services, merchants, affiliates and other actual or potential commercial partners, and other similar parties. Please note in particular that the Service uses Google Analytics, including its data reporting features. Information collected by Google Analytics includes but is not limited to web metrics. For information on how Google Analytics collects and processes data, please see the site “How Google uses data when you use our partners’ sites or apps”, currently located at www.google.com/policies/privacy/partners/. For information on opting out of Google Analytics, we encourage you to visit Google’s website, including its list of currently available opt-out options presently located at https://tools.google.com/dlpage/gaoptout.





Professional Advisors.


We may provide your information to professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.


Outside Contractors.


We may employ independent contractors, vendors and suppliers (collectively, « Outside Contractors ») to provide specific services and products related to the Service, such as hosting and maintaining the Service and developing applications for the Service. In the course of providing products or services to us, these Outside Contractors may have access to information collected through the Service, including your personally identifiable information. We use reasonable efforts to ensure that these Outside Contractors are capable of protecting the security of your personally identifiable information.


Sale of Business.


We reserve the right to transfer information to a third party in connection with a sale, merger or other transfer of all or substantially all of the assets of Barter Yard Club or any of its Corporate Affiliates (as defined below), or that portion of Barter Yard Club or any of its Corporate Affiliates to which the Service relates, or in connection with a strategic investment by a third party in Barter Yard Club, or in the event that we discontinue our business or file a petition or have filed against us a petition in bankruptcy, reorganization or similar proceeding.


Affiliates.


We may disclose information (including personally identifiable information) about you to our Corporate Affiliates. For purposes of this Privacy Policy: « Corporate Affiliate » means any person or entity which directly or indirectly controls, is controlled by or is under common control with Barter Yard Club, whether by ownership or otherwise; and “control” means possessing, directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of fifty percent (50%) or more of the voting securities, by contract or otherwise.


DOES THIS PRIVACY POLICY APPLY WHEN I LINK TO OTHER WEBSITES OR SERVICES?


By its very nature, our Service provides you with access to other websites and services. This may include providing you with the ability to automatically post updates on Facebook and Twitter. Please be aware that we are not responsible for the privacy practices of any websites or services other than the Service. A link to a third party website does not constitute or imply endorsement by us. Additionally, we cannot guarantee the quality or accuracy of information presented on those websites. We encourage you to read the privacy policies or statements of each and every such website and service. This Privacy Policy applies solely to information collected by us through the Service.


IS THE INFORMATION COLLECTED THROUGH THE SERVICE SECURE?


We want your information (including personally identifiable information) to remain secure. We strive to provide transmission of your information from your computer or mobile device to our servers through techniques that are consistent with commercially reasonable standards and to employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.


Notwithstanding the above, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security or privacy of any information you transmit to us, and you do so at your own risk.


COULD MY INFORMATION BE TRANSFERRED TO OTHER COUNTRIES?


Personally identifiable information collected on the Service may be transferred from time to time to our offices or personnel, or to third parties, located throughout the world, and the Service may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such information. By using the Service and submitting such information on it, you voluntarily consent to the trans-border transfer and hosting of such information. Without limitation of the foregoing, you hereby expressly grant consent to Barter Yard Club to: (a) process and disclose such information in accordance with this Privacy Policy; (b) transfer such information throughout the world, including to France or other countries that do not ensure adequate protection for personally identifiable information (as determined by the European Commission or the UK Information Commissioner’s Office, as applicable, each, an « Inadequate Jurisdiction ») and/or countries that may not have laws of general applicability regulating the use and transfer of such information; and © disclose such information to comply with lawful requests by public authorities, including to meet national security or law enforcement requirements. To the extent required by applicable law: whenever we transfer your personal data (as defined in the European Data Protection Laws) to third parties (as described in this Privacy Policy) located in an Inadequate Jurisdiction, we ensure a similar degree of protection is afforded to it; we may use specific contracts approved by the European Commission or the UK Information Commissioner’s Office, as applicable, which give personal data the same protection it has in the European Economic Area or the United Kingdom, as applicable, under the European Data Protection Laws; and if we rely on another basis to transfer your personal data to an Inadequate Jurisdiction, we will keep you updated or contact you if required. Please contact us if you want further information on the specific mechanisms used by us when transferring your personal data to an Inadequate Jurisdiction. If you are a user accessing the Service from a jurisdiction with laws or regulations governing personal data collection, use, and disclosure that differ from those of France, please be advised that all aspects of the Service are governed by the internal laws of France regardless of your location.



FOR HOW LONG WILL MY PERSONALLY IDENTIFIABLE INFORMATION BE KEPT?


We will only retain your personally identifiable information for as long as necessary to fulfill the purposes for which we collected it or as otherwise permitted by applicable law. To determine the appropriate retention period for personally identifiable information, we consider the amount, nature, and sensitivity of that information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process your personally identifiable information and whether we can achieve those purposes through other means, and the applicable legal requirements.


WHAT CHOICES DO I HAVE REGARDING MY PERSONALLY IDENTIFIABLE INFORMATION?


We generally use personally identifiable information as described in this Privacy Policy or our Terms of Use or as authorized by you or as otherwise disclosed at the time we request such information from you. You generally must « opt in » and give us permission to use your personally identifiable information for any other purpose. You may also change your preference and « opt out » of receiving certain marketing communications from us by following the directions provided in association with the communication or such other directions we may provide or by contacting [email protected]



Under certain circumstances and in compliance with the European Data Protection Laws, you may have the right to:


Request access to your personally identifiable information (commonly known as ‘subject access request’). This enables you to receive a copy of the personally identifiable information we hold about you and to check that we are lawfully processing it;


Request correction of the personally identifiable information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;


Request erasure of your personally identifiable information. This enables you to ask us to delete or remove your personally identifiable information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove all of your personally identifiable information in certain circumstances;


Object to processing of your personally identifiable information where we are relying on a legitimate interest (or that of a third party) and there is something about your particular situation which makes you want to object to processing on this ground;


Request the restriction of processing of your personally identifiable information. This enables you to ask us to suspend the processing of your personally identifiable information, for example, if you want us to establish its accuracy or the reason for processing it;


Request the transfer of your personally identifiable information to another party; and Lodge a complaint with the relevant supervisory authority (as defined in the European Data Protection Laws). If you have any complaints about the way we process your personally identifiable information, please do contact us. Alternatively, you may lodge a complaint with the supervisory authority which is established in your country.


If you want to review, verify, correct or request erasure of your personally identifiable information, object to the processing of your personally identifiable information, or request that we transfer a copy of your personally identifiable information to another party, please contact [email protected]


Such updates, corrections, changes and deletions will have no effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion. To protect your privacy and security, we may take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.


You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to us from our system. The need to back up our systems to protect information from inadvertent loss means that a copy of your personally identifiable information may exist in a non-erasable form that will be difficult or impossible for us to locate. After receiving your request, we will use commercially reasonable efforts to update, correct, change, or delete, as appropriate, all personally identifiable information stored in databases we actively use and other readily searchable media as appropriate, as soon as and to the extent reasonably practicable.


DO NOT TRACK


The term “Do Not Track” refers to a HTTP header offered by certain web browsers to request that websites refrain from tracking the user. When we receive a Do Not Track request we respond by not deploying tracking scripts. Please note we take no other action in response to automated Do Not Track requests. If you have any further questions about tracking, please contact us using our contact details provided below.


HOW WILL I KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?


We may revise this Privacy Policy from time to time. We will not make changes that result in significant additional uses or disclosures of your personally identifiable information without allowing you to “opt in” to such changes. We may also make non-significant changes to this Privacy Policy that generally will not significantly affect our use of your personally identifiable information, for which your opt-in is not required. We encourage you to check this page periodically for any changes. If any non-significant changes to this Privacy Policy are unacceptable to you, you must immediately contact us and, until the issue is resolved, stop using the Service.



WHO DO I CONTACT IF I HAVE ANY PRIVACY QUESTIONS?


If you have any questions or comments about this Privacy Policy or feel that we are not abiding by the terms of this Privacy Policy, please contact us in any of the following ways:


By e-mail: [email protected]


By postal mail or courier: 6 rue Charlot 75003 Paris