Privacy Policy

This Privacy Policy describes how Spindl Incorporated (“Spindl,” “we”, “us” or “our”) handles personal information that we process:

in connection with our website and digital properties that link to this Privacy Policy (the “Spindl Online Properties”);
as part of our Ads features and associated Audiences features used for Ads (the “Spindl Ads and Audiences”); and
otherwise through social media, our marketing activities and other activities described in this Privacy Policy.

Importantly –

This Privacy Policy does not cover any collection, use or other processing of personal information on behalf of our customers who deploy our products or offerings for their own use.
Our processing of personal information on behalf of such customers is governed by our 'Data Processing Addendum’ that we enter into with them (a copy of which is available here) or other similar agreements with such customers.
If you have any questions about our customers’ processing of your personal information when using our products or offerings you either review those customers’ own privacy policies and/or you should contact them directly.

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Personal information we collect

Information you provide to us. Personal information you may provide to us through the Spindl Online Properties or otherwise includes:

Contact data, such as your first and last name, email address, mailing address, professional title and company name, and phone number.
Profile data, such as the username and password that you may set to establish an online account on the Spindl Online Properties, any other information that you add to your account profile, and any preferences you set or interests you indicate when using the Spindl Online Properties.
Communications data consisting of any information you provide when you contact us through the Spindl Online Properties, social media, or otherwise or when you request support, provide feedback about your experience with the Spindl Online Properties.
Marketing data, such as your preferences for receiving our marketing communications and information you provide when interacting with them.

You may also provide information not specifically listed above, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Spindl Online Properties, our communications and other online services, such as:

Device data,such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Spindl Online Properties, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
Communication interaction data suchas your interactions with our email or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

Cookies. Some of our automatic data collection is facilitated by cookies and similar technologies as described in our Cookie Policy.

On-chain Data. Data and information that is published or accessible on public blockchains – for example, this might include details such as ‘wallet ID’ or other ‘address’ for such blockchains, details regarding inbound and outbound transfers made on any such blockchains (e.g., timestamp, transaction ID, value/amount, sender address, recipient address, wallet balances etc.), and other such publicly-accessible information about activity occurring on such blockchains. IMPORTANT NOTE, in the context of Spindl Ads and Audiences, this ‘On-chain Data’ is the only data we collect and use to power these features except your estimated country inferred from your IP address. Other than estimated country, we do not use any ‘off-chain’ data to power Spindl Ads and Audiences – this means that none of the other types of personal information noted above are relevant or used in the context of Spindl Ads and Audiences.

How we use your personal information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Providing the Spindl Online Properties. We may use your personal information to:

provide, operate, maintain and improve the Spindl Online Properties and our business;
personalizing the Spindl Online Properties, including remembering your selections and preferences as you navigate the Spindl Online Properties;
communicate with you about the Spindl Online Properties, including by sending announcements, updates, security alerts, and support and administrative messages;
understand your needs and interests, and personalize your experience with the Spindl Online Properties and our communications; and
provide support for the Spindl Online Properties, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Spindl Online Properties, Spindl Ads and Audiences and our business, and to develop new products and services. As a part of these activities, we may create anonymous, aggregated and/or de-identified data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous, aggregated and/or de-identified data by removing information that makes the data identifiable to you. We may use this anonymous, aggregated and/or de-identified data and share it with third parties for our lawful business purposes, including to analyze and improve the Spindl Online Properties, Spindl Ads and Audiences and promote our business.

Direct Marketing. We may send you direct marketing communications.You may opt-out of our marketing communications as described in the Opt-out of marketing section below.

Compliance and protection. We may use your personal information to:

comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions or other agreements that govern the Spindl Online Properties or use of Spindl Ads and Audiences; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law. We may use your personal information for reasons not described in this Privacy Policy where permitted by law.

Spindl Ads and Audiences. In connection with Spindl Ads and Audiences, we use the On-chain Data described above (plus your estimated country) to allow advertisers to serve targeted ads and to provide our Publisher Ad Network, this includes:

Allowing advertisers to serve ads that are targeted to you based upon your onchain activity that is available within / evidenced by that On-chain Data, plus estimated country.
To allow our customers to create custom audiences (often called ‘segments’) for such targeting purposes. Audiences created within Spindl Ads and Audiences can only be used to target ads based on factors/characteristics available or inferred from your On-chain Data (e.g., on-chain page views, swap trades between cryptocurrencies occurring on decentralized exchanges etc.), plus your estimated country.
To match space (often called inventory) that is made available by publishers via our Publisher Ad Network with relevant contextual ads.
To create reports that set out aggregate information about how many times ads have been seen/engaged with, or campaign success. This helps us demonstrate value to both our publishers and advertisers.
To monitor for potential fraudulent activities, this helps us identify whether anything or anyone is mimicking a person who is genuinely engaging with an ad served via our network – e.g., to make it look like more people are interacting with an ad than are actually interacting with it in reality.
To check how many times you’ve seen a particular ad, and to make sure that you don’t see ads too often.

Cookies and similar technologies. In addition to the other uses included in this section, we may use the Cookies and similar technologies described above for the purposes described in our Cookie Policy.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. Third parties that provide services on our behalf or help us operate the Spindl Online Properties, Spindl Ads and Audiences or our business (such as hosting, information technology, customer support, email delivery, marketing, consumer research and website analytics).

Marketing partners. Third partieswith whom we co-sponsor events or promotions.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Publishers and Advertisers. In the context ofSpindl Ads and Audiences, we may share certain On-chain Data or information derived from it with onchain publishers (e.g., decentralized apps or ‘dApps’, web3 marketplaces, wallet providers etc.) and advertisers.

Business transferees. Parties (and their respective advisors) to business transactions or proposed transactions involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Spindl (including, in connection with insolvency, bankruptcy or similar proceedings). Personal information may be also transferred to such parties in connection with due diligence preceding such transactions or as part of the transfer of assets/interests that occur when the transactions close.

Your choices

In this section, we describe the rights and choices available to all users. Users who are located in Europe can find additional information about their rights below.

Access or update your information. If you have registered for an account with us through the Spindl Online Properties, you may review and update certain account information by logging into the account.

Cookies. For information about cookies and similar technologies employed by the Spindl Online Properties and how to control them, see our Cookie Policy.

Opt-out of marketing communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails.

Opt-out of Spindl Ads and Audiences. You can opt-out of your personal information being used as part of Spindl Ads and Audiences by submitting a request to contact@spindl.xyz. You should include the subject “Spindl Ads Opt-Out” and provide details of any On-Chain identifiers (e.g., a Wallet ID) that you want to have opted out of Spindl Ads and Audiences.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Other sites and services

The Spindl Online Properties may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in Europe should read the important information provided below about transfer of personal information outside of Europe.

Children

The Spindl Online Properties are not intended for use by anyone under 18 years of age.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Spindl Online Properties or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Spindl Online Properties after the effective date of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.

How to contact us

Email: contact@spindl.xyz
Mail: 95 Federal St. Ste. B San Francisco, CA 94107, USA‍

Notice to European users

Where this notice to European users applies. This notice applies only to individuals in the United Kingdom and the European Economic Area (collectively, “Europe” and “European” should be understood accordingly).

Personal information. References to “personal information” in this Privacy Policy should be understood to include “personal data” (as defined in the GDPR) – i.e., information about individuals from that are or can be identified.

Controller. Spindl Incorporated is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of the EU GDPR and the so-called ‘UK GDPR’ (as and where applicable, the “GDPR”). See the How to contact us section above for our contact details.

Our legal bases for processing. In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.

Our legal bases for processing your personal information described in this Privacy Policy are listed below.

Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose for which we use your personal information is set out in the table below.
Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).

We have set out below in the table below the legal bases we rely on in respect of the relevant Purposes for which we use your personal information. For more information on these Purposes and the data types involved, see How we use your personal information:

Purpose	Categories of personal information involved	Legal basis
Providing the Spindl Online Properties	Contact data Profile Data Communications data Device data	Contractual Necessity Legitimate interest — We have a legitimate interest in ensuring the ongoing security and proper operation of the Spindl Online Properties.
Research and development	Any and all data types relevant in the circumstances	Legitimate interest — We have a legitimate interest in improving the Spindl Online Properties, Spindl Ads and Audiences, and our business, and to develop new products and services.
Direct marketing	Contact data Profile data Communications data Marketing data Device data Online activity data Communication interaction data	Legitimate Interests — We have a legitimate interest in promoting our business, products and services and sending marketing communications for that purpose. Consent — in circumstances or in jurisdictions where consent is required under applicable data protection laws to send marketing communications.
Compliance and protection	Any and all data types relevant in the circumstances	Compliance with Law Legitimate interest — Even if not required for Compliance with Law, we and any relevant third parties have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We and any relevant third parties may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our and their rights, property, and/or safety.
Spindl Ads and Audiences	On-chain Data Estimated country	Legitimate interest — We have a legitimate commercial interest in providing Spindl Ads and Audiences, and operating our publisher ad network. We do not use any ‘cookies or similar technologies’ to power these features. All the On-chain Data we process here, and all the activity it records/evidences, is publicly available on the relevant blockchain(s) to anyone who cares to see it. This fact is inherent in the nature of public blockchains.
Further uses	Any and all data types relevant in the circumstances	The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the personal information was collected. Consent — if the relevant further use is not compatible with the initial purpose for which the personal information was collected.

Retention. We retain personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for Compliance and protection purposes.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information, we have collected about you, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will store your personal information in an environment protected by technical and organizational security safeguards and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.

No sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Spindl Online Properties, or otherwise to us. If you provide us with any sensitive personal information to us when you use the Spindl Online Properties, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Spindl Online Properties.

No Automated Decision-Making and Profiling. As part of the Spindl Online Properties, we do not engage in automated decision-making and/or profiling that produces legal or similarly significant effects.

Your rights. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:

Access. Provide you with information about our processing of your personal information and give you access to your personal information.
Correct. Update or correct inaccuracies in your personal information.
Delete. Delete your personal information where there is no lawful reason for us continuing to store or process it, where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons that will be described to you, if applicable, at the time of your request.
Data portability. Port a machine-readable copy of your personal information to you or a third party of your choice, in certain circumstances. Note that this right only applies to automated information for which you initially provided consent for us to use or where we used the information to perform a contract with you.
Restrict. Restrict the processing of your personal information if (i) you want us to establish its accuracy; (ii) where our use of the personal information is unlawful but you do not want us to erase it; (iii) where you need us to hold the personal information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to our use of your personal information but we need to verify whether we have overriding legitimate grounds to use it.
Object. Object to our processing of your personal information where we are relying on Legitimate Interests (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom – you also have the right to object where we are processing your personal information for direct marketing purposes. For example, you can opt-out of your personal information being used as part of Spindl Ads and Audiences by following the process set out above in ‘Your choices’.
Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time. This will not affect the lawfulness of any processing carried out before you withdraw your consent.

Exercising These Rights. You may submit these requests by mail or email using the contact details provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions.

Your Right to Lodge a Complaint with your Supervisory Authority. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.

For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
For users in the UK – the contact information for the UK data protection regulator is below:

The Information Commissioner’s Office

Water Lane, Wycliffe House

Wilmslow - Cheshire SK9 5AF

Tel. +44 303 123 1113

Website: https://ico.org.uk/make-a-complaint/

Data Processing outside Europe. We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Spindl Online Properties, or your data is collected and used in connection with Spindl Ads and Audiences, then your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.

The US is not the subject of an ‘adequacy decision’ under the GDPR – basically, this means that the U.S. legal regime is not considered by relevant European bodies to provide an adequate level of protection for personal information equivalent to that provided by relevant European laws.

Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:

Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time) or under specific adequacy frameworks approved by the European Commission or UK Government (as and where applicable) (from time to time), such as the EU-U.S. Data Privacy Framework or the UK Extension thereto.
Transfers to territories without an adequacy decision.
- We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S.).
- However, in these cases:
  - we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorities for this purpose; or
  - in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.

You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.