uplink.xyz, including its subdomains, together with all of their features and content and related or commonly-owned or operated websites and applications (the “Platform”), is made available by Hype Labs Inc. d/b/a Uplink (“Uplink”).

How This Privacy Policy Applies

Your privacy is very important to Uplink, and in order to best protect your information, Uplink has adopted this privacy policy (“Privacy Policy”), which applies to any and all information you submit to Uplink in connection with your access to and/or use of the Platform. This Privacy Policy describes the information Uplink collects from you through the Platform, how Uplink uses that information, and its legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to Uplink. It also covers whether and how that information may be shared and your rights and choices regarding such information.

By using the Platform, you are accepting the practices described in this Privacy Policy (including new versions of this Privacy Policy when and as they go into effect), and Uplink's Terms and Conditions , which governs this Privacy Policy and contains all disclaimers of warranties and limitation of liabilities, and which constitutes a legally binding agreement between Uplink and each individual, corporation, limited liability company, partnership, association, or other entity or party (a “Person”) that visits or uses the Platform (collectively, “Users,” and each, a “User”, “you” or “your”). Capitalized words not defined in this Privacy Policy are defined in the Terms and Conditions.

What Information Uplink Collects and Receives

In order for you to use the Platform, Uplink needs to collect and process certain information, which depending on how you use the Platform, may include:

• Information you provide by using the Platform, such as by completing forms and/or registering on the Platform, such as your name, email address, mailing address, or telephone number, or by posting User content if permitted. We may ask for this information if you sign up for communications or contact us;
• Details of any requests or transactions you make through the Platform. Uplink may from time to time offer products for sale through the Platform and partner with certain third-party payment processors to facilitate in the transaction, in which case the payment information you submit will be collected and used by the payment processor in accordance with their respective privacy policies;
• Information that is not personally identifiable, but that relates to your usage of the Platform or that is aids in the proper functioning or improvement of the Platform, including: (i) times and dates and the extent of your usage of the Platform; (ii) time zone, language, screen resolution, and other usage preferences you select when using the Platform; (iii) device keyboard settings; (iv) usage history such as areas and pages within the Platform that you access or use and/or which buttons on the Platform you click on; (v) the search terms you entered into a search engine that may have led you to the Platform; (vi) the Internet service provider (ISP) or mobile platform you use, (vii) other device and Platform access information such as your browser type, operating system, Internet Protocol (IP) address, referring/exit pages, browsing and interaction habits, and other unique device identifiers; and (viii) specific geographical location of your device.
• Communications you send to Uplink, such as when you request support, submit comments or questions, or answer surveys or report a problem to Uplink.

You can opt out of being included in Google Analytics at https://tools.google.com/dlpage/gaoptout. For more information about our use of data analytics to protect and improve our Platform, see Cookies and How We Utilize Them below.

Uplink also collects and maintains aggregated, anonymized, or pseudonymized information to protect the safety and security of the Platform, improve the Platform, or comply with its legal obligations.

You may decline to provide Uplink with some or all of your information. However, this will limit your ability to use the Platform.

Types of Cookies Uplink Utilizes

Uplink uses the following types of cookies and other technologies:

• Security: Uplink secures the Platform with cookies that facilitate security features and allow Uplink to detect activity that might violate the Terms and Conditions, such as unauthorized access or activity.
• Localization: Some cookies help Uplink provide localized experiences, such as displaying the Platform in the local language.
• Site Features and Services: Certain cookies provide greater functionality to the Platform and help Uplink deliver our products and services.
• Performance: Uplink uses performance cookies to help route traffic between servers and understand how the Platform is performing so Uplink can provide Users with the best experience possible.
• Analytics and Research: Cookies and other technologies also help Uplink to understand, improve, and research features and content on the Platform, such as by using Google Analytics, which you can opt out of at https://tools.google.com/dlpage/gaoptout.
• Marketing and Online Behavioral Advertising: Cookies help us deliver targeted advertisements through web browsers and on social media platforms based on your activity on the Platform and to track the performance of those ads. In some cases, our partners may use cookies to provide us with information about your interactions with their services. Those third-party cookies would be subject to such third-party service's privacy policies. The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. Visit http://optout.aboutads.info/ to opt out of having your online behavior collected for advertising purposes.

Limiting or Blocking Cookies and Our Do Not Track Policy

Your browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Platform.

Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Platform may not work. If you block or reject cookies, not all of the tracking described in this Privacy Policy will necessarily stop.

Note that certain options you select are specific to certain browsers and devices.

Web Beacons

The Platform may contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Platform is used.

Uplink uses third parties to gather information about how you and others use the Platform. For example, Uplink will know how many Users access a specific page and what Platform Content they clicked on. Uplink uses this aggregated information to understand and optimize how the Platform is used.

Social Media Plug-ins

Uplink may implement the use of certain social media plug-ins (e.g., Facebook, Twitter, YouTube) to allow you to communicate with such services and interact (e.g., “like” or “comment”) with various Platform content. The social media plug-in, if and when implemented, will enable a direct communication between your end user device and the servers of the applicable social media provider, allowing the applicable social media provider to communicate with you and collect information about you browsing the Platform. This processing is based on Article 6, Section 1(f) of the EU general data protection regulation 2016/679 (“GDPR”) and represents Uplink's legitimate interest to improve the User experience and to optimize those services and functionalities offered via the Platform. If you decide to use a social media plug-in that Uplink implements on the Platform, Uplink may transfer your personal data, whether or not you have a registered user account with the applicable social media provider. Uplink is not responsible for the content and the data collection on respective third-party websites or apps and that Uplink neither controls the extent of personal information collected by the respective plug-in provider nor knows the processing's purpose or the period your personal information will be retained. For further information as to how and for what purpose certain social network providers process your data, please see the relevant privacy policies of the three main social network providers, and their notification when you connect to the social network in question.

Facebook: Facebook, Inc., Attention: Privacy Operations, 1601 Willow Road, Menlo Park, California 94025, USA https://www.facebook.com/policy.php

Twitter: Twitter, Inc., Attention: Privacy Policy Inquiry, 1355 Market Street, Suite 900 San Francisco, California 94103, USA https://twitter.com/en/privacy

YouTube: Google LLC d/b/a YouTube, 901 Cherry Avenue, San Bruno, California 94066, USA https://policies.google.com/privacy

How Uplink Uses the Information It Collects

Uplink uses the information it collects for the following purposes:

• To protect the Platform;
• To enable Uplink to provide you and other Users with the Platform, and to improve and promote the Platform and services;
• To address inquiries and respond to customer service requests, questions, and comments;
• To contact you with newsletters, offers, promotions, and other product specials or to customize your experience on the Platform;
• To track and analyze use of the Platform and Uplink's services, such as to identify trends, conduct data analysis, and determine the effectiveness of marketing and promotion efforts, and other service offerings, so that Uplink can improve how its performance and provide Users with the best experience possible;
• To maintain security and to enforce the Terms and Conditions and comply with applicable law; and
• For other purposes that Uplink believes are necessary to protect its rights and the rights of others, or as otherwise described to you at the time of collection.

California Users

Under California Civil Code Section 1798.83, California customers are entitled to request information relating to whether a business has disclosed personal information to any third parties for those third parties' direct marketing purposes. As explained elsewhere in this Privacy Policy, Uplink will not sell or transfer your personal information to any third-party companies for their direct marketing purposes without your consent. California Users who wish to request further information about Uplink's compliance with this statute or who have questions more generally about the Privacy Policy and Uplink's privacy commitments to its Users should not hesitate to contact Uplink at privacy@uplink.xyz.

European Union Users

European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. Uplink's lawful bases include:

• Consent: In certain cases, you have affirmatively provided Uplink with your consent to collect your personal data for a specific purpose, such as providing your name and email address when you sign up for communications or register for an Account.
• Contract: Uplink may need your personal data to comply with contractual obligations to deliver the Platform, such as fulfilling subscriptions or transactions made through the Platform.
• Legal Obligations: Sometimes the law requires the collection and use of your data, such as applicable tax laws may require Uplink to retain records of payments made through the Platform.
• Legitimate Interests: This is a technical term that means Uplink has a good and fair reason to use your data and in ways which do not harm your interests and rights, such as to pursue Uplink's legitimate interests in a way that might reasonably be expected as part of running its business and that does not materially impact your rights, freedom, or interests. For example, Uplink uses identity, device, and location information to prevent fraud and abuse and to keep the Platform secure, may also send you promotional communications about the Platform and services subject to your right to opt out, analyze how Users interact with the Platform so Uplink can understand better what elements do or do not work well, thereby facilitating improvements and developments in the quality of the online experience for all Users.

How Uplink Shares the Information It Collects

Information Uplink Never Shares Publicly

The following personal information is never publicly displayed or revealed to other Users:

• Your name;
• The date you register for any services Uplink provides through the Platform;
• Your email address, IP address, mailing address, or phone number;
• Any other identity verification information or documentation;
• Any payment information you provide; and
• Communications you send to Uplink.

Information Uplink Shares with Trusted Third-Party Service Providers

Uplink may share certain information pertaining to you with certain trusted third-party service providers to help provide, improve, promote, or protect the Platform, such as when Uplink partners with payment processors or use services to help manage ads on other websites. When Uplink shares data with third-party services to help deliver the Platform and Uplink's services, Uplink requires those service providers use your information only for the purposes Uplink has authorized and protect your personal information at least to the same standards Uplink does. Uplink may also share information that is aggregated and anonymized in a way that it does not directly identify you.

Information Uplink Shares to Protect Uplink and Comply with the Law

Uplink reserves the right to disclose information Uplink collects from or about you when doing so is reasonably necessary to comply with the law or law enforcement, to prevent fraud or abuse, or to protect Uplink's legal rights, property, or the safety of Uplink, Users, or others. You hereby authorize Uplink to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind, when Uplink determines, in its sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if and to the extent:

• You are or may be violating the Terms and Conditions or this Privacy Policy;
• You are interfering with the rights or property of Uplink or a third party;
• You are violating any applicable law, rule, or regulation;
• Necessary or required by any applicable law, rule, or regulation; and/or
• Requested by governmental authorities in the event of any investigation, act of terrorism, or instance of local, regional, or national emergency.

In the event that Uplink is acquired by or merged with a third-party entity, or sells all or substantially all of its assets, Uplink reserves the right, in any of these circumstances, to transfer or assign the information and content it has collected from Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Uplink may not be able to control how your personal information is treated, transferred, or used.

Links to Other Platforms and Services

The Platform may include links to other websites or services whose privacy practices may differ from Uplink's privacy practices as described in this Privacy Policy. When you click or otherwise use a link to an external website or service, the privacy policy and data processing disclosures for that website or service govern.

Data Retention

Uplink will retain the information collected from or about you as long as necessary to provide you with the Platform or Uplink's services, or as otherwise set forth in this Privacy Policy, and to the extent set out in this Privacy Policy and as necessary to comply with Uplink's legal obligations, resolve disputes, enforce our agreements, and protect Uplink's legal rights. Additionally, Uplink may retain indefinitely any aggregated, anonymized, or pseudonymized information collected, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.

Cross-Border Data Transfers

Uplink is based in the United States so your information will be collected and processed in the United States, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United States, be advised that the rules that protect your personal information under United States federal, state, and local law may differ from those of your home country.

With respect to any personal information that may be originally collected and stored in the European Economic Area, if and when Uplink transfers your personal information to countries outside the European Economic Area, it will do so under the Commission's model contracts for the transfer of personal information to third countries (i.e., standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of these Standard Contractual Clauses, please contact Uplink at privacy@uplink.xyz.

Children's Privacy

The Platform is not directed to children under the age of 13. Nonetheless, the privacy of children is of the utmost importance, and Uplink is committed to complying with the federal Children's Online Privacy Protection Act (COPPA). Uplink does not knowingly collect, use, or disclose personal information from children under the age of thirteen (13). If Uplink ever discovers that it has inadvertently collected personal information from a child under the age of thirteen (13) on or through the Platform, Uplink will delete it from its records as soon as possible. If you are a parent or legal guardian of a child under the age of thirteen (13) and believe that Uplink has collected personal information from your child, please email us at privacy@uplink.xyz, and Uplink will take steps to delete such personal information from its records as soon as possible.

Accessing Your Information

Users residing in certain countries, including citizens or residents of the European Economic Area, are afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights include the ability to access, correct, and request deletion of such User's personal information. Even after you request Uplink deletes your personal information, Uplink may retain certain information as required by law or as necessary for its legitimate business purposes.

More specifically, these Users have the following rights:

• The right to require free of charge (i) confirmation of whether Uplink processes your personal information and (ii) access to a copy of the personal information retained;
• The right to request proper rectification, removal or restriction of your personal information;
• Where processing of your personal information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal information concerning you in a structured, commonly used and machine-readable format or to have your personal information transmitted directly to another company, where technically feasible (data portability);
• Where the processing of your personal information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
• The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
• The right to take legal actions in relation to any breach of your rights regarding the processing of the personal information, as well as to lodge complaints before the competent data protection regulators.

As far as Uplink processes your personal information on the basis of its legitimate interests, you can object to processing at any time. You can find a detailed description of Uplink's processing activities and the legal basis herein. If you object to such processing, Uplink will ask you to state the grounds of your objection to examine the processing of your personal information and decide whether to adjust the processing accordingly.

Email Notifications

Uplink want to communicate with you only if you want to hear from us. Uplink will send you email relating to your transactions on or through the Platform. You may also elect to receive certain marketing email communications, in accordance with your preferences, and from which you may opt out at any time by adjusting your notification settings. Uplink will also send you service-related announcements when and as necessary. Uplink will try to keep emails to a minimum and give you the ability to opt in to any marketing communications.

Uplink maintains a strict no-spam policy. Uplink will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, include Uplink's physical address, monitor third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow Users to unsubscribe by using the link at the bottom of each email. If you are having problems unsubscribing, contact Uplink at privacy@uplink.xyz by forwarding the email communication and including the word “Unsubscribe” in the subject line and Uplink will use reasonable efforts to remove you within seven (7) business days. Please note that Uplink will not process any unsubscribe requests submitted as direct replies to any newsletter.

Security

Uplink takes security seriously, and the security of your personal data is important to us. Uplink follows industry-standard practices to protect the data Uplink collects and maintains, including using Transport Layer Security (TLS) to encrypt information as it travels over the Internet.

However, the Internet is, by nature, not a secure environment and the nature of security risks is constantly evolving as are the technical and organizational industry standards relating to management of those risks. While Uplink strives to keep current our security technology and will review, refine, and upgrade its security technology as Uplink deems appropriate based on new tools that may become available in the future, the complete security of any information collected, stored or used by Uplink cannot therefore be guaranteed. In the unlikely event that an unauthorized third-party compromises Uplink's security measures, Uplink will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use, or disseminate such information.

Updates to this Privacy Policy

Uplink may change the terms of this Privacy Policy at any time. Whenever Uplink makes a material change, Uplink will post on the Platform or send you an email. The effective date of the most recent version of this Privacy Policy will appear at the top of this page. New versions of this Privacy Policy will never apply retroactively.

Contact

Questions or comments about this Privacy Policy should be sent by email to privacy@uplink.xyz or mail to 3524 Silverside Rd Ste 35B, Wilmington, DE, 19810-4929.