Privacy

Last updated: February 18, 2022

Introduction

Emerge respects your privacy, and we are committed to protecting it through this Privacy Policy.

As used in this Privacy Policy, “Emerge”, “we”, “us”, or “our” refer to Emerge Now, Inc., and User”, “you” and “your” refer to users of our web domains and subdomains, including emerge.io (our “Sites”).

This Privacy Policy describes the types of information we collect from you or that you may provide when you use (a) Emerge’s applications, including without limitation our applications for mobile devices (the “Emerge Apps”), (b) our Sites, and (c) any function on the Emerge Apps or Sites. We refer to the content and functionality of the Emerge Apps and the Sites, as our “Service”. We refer to the Emerge Apps, the Sites and their functions together as the “Platform”.

Please familiarize yourself with our privacy practices and contact us as described below in Section XIV if you have any questions.

This Privacy Policy applies to information we collect:

Through the Service.

By email, text, and other communications between you and us and/or the Service.

Through mobile and desktop applications.

When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

It does not apply to information:

Collected by us offline or through any other means, including on any other website or application operated by us or any third party (including but not limited to our affiliates and subsidiaries); or

Collected by any third party (including but not limited to our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Platform.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will handle your information. If you do not agree with our policies and practices, you agree not to use the Service. By accessing or using the Platform, you agree to this Privacy Policy.

Changes to Our Privacy Policy

This Privacy Policy may change from time to time. Your continued use of the Platform after we make changes to this Privacy Policy constitutes acceptance of those changes, and you agree to check this Privacy Policy each time before using the Service.

If we make material changes to how we treat our users’ personal information, we will notify you through a notice in the Platform. The date this Privacy Policy was last updated is identified at the top of the first page of this Privacy Policy. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for checking this Privacy Policy for changes each time before using the Service.

I. Information We Collect and How We Collect It

For users in the European Economic Area (EEA), the legal basis for collection of this information is to provide you the Service and make it possible for you to use the Service.

Information we may collect includes:

Information by which you may be personally identified, as described below (“personal information”).

Non-personal information about you but that does not identify you (some non-personal information is considered personal information if combined with other information in a way that enables you to be identified).

Your crypto wallet address.

Technical information, including but not limited to the IP address through which you access the Service and the unique mobile device ID or virtual unique device identifier for any mobile device used to access your account.

Information about your internet connection, the device you use to access the Platform, and related usage details.

Personal Information We Collect

The information we collect on or through the Platform may include:

Records of your correspondence (including e-mail addresses and social media contact details), if you contact us.

Emerge user ID.

Emerge user profile.

Details of transactions you carry out through the Platform.

Your search queries in the Platform.

Information that you provide by filling in forms on the Platform, for example to subscribe to our newsletter, respond to surveys or enter a contest or promotion, or to report an issue.

Personal information about you that we receive from others, such as other users or our payment processors.

Payment information, collected and processed by our payment provider.

Phone number

Discord ID/password

First Name

Last Name

Birthdate

WiFi SSID & Password

User Photo

Chat history

Oculus User name and profile photo

Physical address

You also may provide information to be published or displayed on the Platform, or transmitted to other users of the Platform or third parties, including without limitations NFTs from third party platforms (all of the foregoing collectively, “user content” under the Terms of Service). Your user content is: (a) provided subject to the applicable provisions of our Terms of Service; and (b) posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Platform with whom you may choose to share your user content. Therefore, we cannot and do not guarantee that your user content will not be viewed or accessed by unauthorized persons.

II. Automatic Data-Collection Technologies

In addition to the specific information above, we may use automatic data collection technologies to collect certain information about your location, device, browsing actions, and patterns, including:

Details of your visits to and actions on the Platform, including traffic data, location data, logs and other communication data, the resources that you access, and your use of the Platform.

Information about your computer or device and internet connection, including as applicable, your IP address, operating system, browser type, mobile network information, location, time zone and/or telephone number.

Metadata and other information associated with files stored on your device.

Technologies we use for automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Service. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Service.

Flash Cookies. Certain features of the Service may use local stored objects (Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Service. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. The Service and our e-mails may use small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Service are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Service. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at support@emerge.io for information on how you can opt out of behavioral tracking on the Platform and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect includes personal information, and we maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve the Service and deliver a better and more personalized service.

III. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To provide you with the Service.

To store information about you and your preferences, allowing us to customize the Service according to your individual interests and recognize you when you return to the Platform.

To provide you with information, products, or services that you request from us.

To fulfill any other purpose for which you provide the information.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To notify you about changes to the Service or any products or services we offer or provide though it.

In any other way we may describe when you provide the information.

For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile.

IV. How Long We Keep Your Information

We will only store your information as long as necessary to fulfill the purposes for which the information is collected and processed or, where applicable law provides for longer storage and retention periods, for the storage and retention period required by law. After that your personal information will be deleted.

V. How We Share Your Information

We may disclose aggregated information about users, and information that does not identify any individual, without restriction. We may also disclose personal information that we collect or you provide as described in this Privacy Policy:

To our subsidiaries and affiliates.

To contractors, service providers, and other third parties we use to support our business and/or the Service and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Emerge’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Emerge about Platform users is among the assets transferred.

To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including responding to any government or regulatory request.

To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, security or safety of Emerge, our customers, or others, or to address technical issues. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Service may then be inaccessible or not function properly.

Promotional Offers from Emerge. If you do not wish to have your contact information used by Emerge to promote our own or third parties’ products or services, you can opt-out by sending us an e-mail stating your request to [EMAIL ADDRESS]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to Emerge as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You may opt out of receiving targeted ads from members of the Network Advertising Initiative on their website.

California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by sending us an e-mail at legal@emerge.io to request access to, object to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect. If you delete your user content, copies of your user content may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access to and use of information, including without limitation user content, is governed by our Terms of Service.

VI. Children’s Privacy

The Service is not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, do not use or provide any information on the Platform.

If we learn we have collected or received personal information from a child under thirteen (13) without verification of prior parental consent, we will delete that information. If you believe we may possess or have received any information from or about a child under thirteen (13) without such prior parental consent, please immediately contact us at legal@emerge.io.

In one or more countries outside the United States, the applicable age may be fourteen (14) years of age, rather than thirteen (13) years of age.

California residents under sixteen (16) years of age may have additional rights regarding the collection, sharing and sale of their personal information. Please see Your California Privacy Rights below for more information.

VII. How We Protect Your Information

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, theft, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have issued you (or you have chosen) a password for access to certain parts of our Service, you are responsible for keeping your password confidential. Please do not share your password with anyone.

We do not and will not, at any time, request your credit card information, your login information or other identification in a non-secure or unsolicited communication (such as e-mail).

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or on our Service. Any transmission of personal information is at your own risk. You assume this risk by using any part of the Service. We are not responsible for circumvention of any of our privacy settings or security measures, and/or any damages resulting from such circumvention.

VIII. How You May Change, Remove, Or Export Your Information

You may e-mail us at legal@emerge.io to request that we delete your personal information from our database. For such requests, please write “delete my personal information” in the subject line, and include your first and last name and e-mail address in the body of the message. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes.

Please note that we will store communications you may send through the Service, as well as any comments you may post, and they may not be subject to modification or deletion.

You may also control the information that we collect through the settings in your browser or mobile device. You may configure your browser to reject cookies from Emerge and may adjust the settings of your mobile device to prevent the Platform from obtaining location information. However, please note that the Service may rely on cookies and location information to function properly and some parts of the Service may not be available if you disable cookies.

IX. Links To Third-Party Websites And Services

The Service may contain links to other websites and online services, including third-party advertisements. If you choose to click through to one of these other websites or online services, please note that any information you may provide will be subject to the privacy policy and other terms and conditions of that website or service, and not to this Privacy Policy. We do not control third-party websites or services, and fact that a link to such a website or service appears in the Service does not mean that we endorse its or its provider, or have approved the provider’s policies or practices related to user information.

Before providing any information to any third-party website or service, please review the privacy policy and other terms and conditions of that website or service. You agree that Emerge will have no liability for any matters relating to a third-party website or service that you provide information to, including their collection and/or handling of that information.

X. Non-U.S. Users

When we refer to the term “GDPR” in this Privacy Policy we mean the European Union General Data Protection Regulation. The term “EEA” means the European Economic Area.

Information that you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. If you are located outside the United States, you understand that we may transfer personal information to and process it in the United States. If you are located in the EEA, you freely consent to the transfer of personal information outside of the EEA. Your consent to this Privacy Policy together with your submission of personal information constitute your agreement to these transfers.

XI. Rights Of Users From The EEA

Data Controller

For the purposes of this Privacy Policy, Emerge Now, Inc. is the Data Controller of your personal information.

Rights of EEA Residents

If you are accessing or using the Platform from within the EEA, you may have the following rights under the GDPR (as well as other rights). If you wish to exercise any of these rights, you may do so by contacting us as provided (a) in Section XIV below, or (b) otherwise in this Privacy Policy.

Right of Access: You have the right to obtain confirmation from us as to whether or not we process personal information from you and you also have the right to at any time obtain access to your personal information stored by us.

Right to Correction of your Personal Information: If we process your personal information, we use reasonable measures to ensure that your personal information is accurate and up-to-date for the purposes for which your personal information was collected. If your personal information is inaccurate or incomplete, you have the right to require us to correct it.

Right to Deletion of your Personal Information or Right to Restriction of Processing: You may have the right to require us to delete your personal information or to restrict of processing of your personal information.

Right to Withdraw your Consent: If you have given your consent to the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on the consent before the withdrawal.

Right to Data Portability: You may have the right to receive the personal information concerning you and which you have provided to us, in a structured, commonly used and machine-readable format or to transmit this data to another controller.

Right to Object: You may have the right to object to the processing of your personal information as further specified in this Privacy Policy.

Right to Lodge a Complaint with Supervisory Authority: You have the right to lodge a complaint with a data protection supervisory authority located in the European Union. Further information about how to contact your local data protection authority is available at the website of the European Commission.

XII. Your California Privacy Rights

If you are a resident of California, USA and user of the Service, you have specific rights regarding our handling of your “personal information” as specifically defined in California’s “Shine the Light” law (Cal. Civil Code Section § 1798.83. This law permits users of our Service who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [EMAIL ADDRESS] or write us at: Emerge Now, Inc., c/o Gamma Law, PO Box 136, San Francisco, California 94104-0136.

Within thirty (30) days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for such third parties’ direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. A request may be made no more than once per calendar year and we are not required to respond to requests made by means other than through the e-mail address and mailing address above.

XIII. Disclosure Of User Account And Electronic Wallet Information

YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION, USER ACCOUNT INFORMATION, AND RELATED ELECTRONIC WALLET ADDRESS MAY BE SHARED WITH AND/OR SOLD TO THIRD PARTIES, MADE PUBLICLY VISIBLE AND/OR APPEAR AS PART OF ETHEREUM OR ANY OTHER APPLICABLE BLOCKCHAIN NETWORK WHEN YOU ENGAGE IN ACTIVITIES AND/OR TRANSACTIONS THROUGH THE SERVICE. THE FOREGOING DISCLOSURES MAY BE MADE FOR PURPOSES RELATED TO FACILITATING THOSE ACTIVITIES AND/OR TRANSACTIONS, INCLUDING WITHOUT LIMITATION MAKING PAYMENTS TO EMERGE. TO THE FULLEST EXTENT ALLOWED BY LAW: (A) YOU ASSUME ALL RISK RELATED TO THE FOREGOING ACTIVITIES AND/OR TRANSACTIONS; AND (B) EMERGE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR LIABILITIES RELATED TO THE FOREGOING USES AND DISCLOSURES.

XIV. Contacting Emerge

If you have any questions, inquires, requests, comments or complaints concerning this Privacy Policy or our information practices, please contact us at legal@emerge.io or by regular mail at the following address: Privacy Officer, Emerge Now, Inc., c/o Gamma Law, PO Box 136, San Francisco, California 94104-0136.