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Privacy Policy

This Privacy Policy was last updated on 30 September 2024.

1Introduction

  • 1.1This Privacy Policy is prepared and maintained by Noodleface Pty Ltd ACN 666 471 049 (Noodleface, we, us or our).
  • 1.2We are committed to operating with the highest level of integrity and respecting your privacy. This Privacy Policy sets out the details relating to your data relationship with Noodleface and applies to Services provided by Noodleface.
  • 1.3Personal data includes any information relating to an identified or identifiable natural person (Personal Data). By accessing and using our Services, you consent to the collection, storage, processing, and transfer of your Personal Data under this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes on our website (located at fungees.io)
  • 1.4Noodleface is the Data Controller for Personal Data collected in connection with providing our Services.
  • 1.5Noodleface generally collects your Personal Data directly from where you are based and may store it on servers outside the EU or European Economic Area (EEA) in countries such as Australia or the USA, where data protection standards may be lower than in the EU/EEA.

2Personal Data we process

  • 2.1The categories of Personal Data we process depend upon the nature of your dealings with us and may include:
    • (a)Personal details: name, gender, date of birth, tax residency;
    • (b)Contact details: email address, social media account, other account credentials used for single sign on, such as Google or Microsoft account details;
    • (c)Order details: product, services, subsequent activity with Custom NFTs, preferences, interactions;
    • (d)Technical information: device ID, computer and connection information, statistics on page views, traffic to and from our websites, IP addresses;
    • (e)Blockchain transactions: Polygon Ledger address and activity referable to the address;
    • (f)Customer support: details of the services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;
    • (g)Feedback: information you provide to us through surveys.
  • 2.2Payment details: our third-party payment providers will collect payment and transaction information, including bank and credit card details, but this information is not shared with us;

3How we collect your Personal Data

  • 3.1We may collect Personal Data about you when you:
    • (a)create a Torus Wallet via the Fungees Platform;
    • (b)access or use our Services;
    • (c)communicate with us through correspondence, chats, email, or when you share information with us from other social applications;
    • (d)make enquiries, report suspicious market activity, bug reports, ideas, or other feedback about the Fungees Platform, or our Services;
    • (e)connect your Torus Wallet, sign or effectuate a blockchain transaction or otherwise deal with Custom NFTs;
    • (f)interact with our Platform Content, advertising, or join our mailing list;
    • (g)participate in a competition, promotion, or survey;
    • (h)post a review, rating, comment, or other user-generated content on the Fungees Platform;
    • (i)submit your resume to us for a job application; and
    • (j)invest in our business or enquire as to a potential purchase in our business.
  • 3.2We may also collect Personal Data when we receive your Personal Data from third parties who legally provide it to us. For example, if we receive information about you from any recruitment consultant, your previous employers and others who may be able to help us decide whether to make you an offer.

4Purposes for using your Personal Data

  • 4.1We may use your Personal Data to
    • (a)enable you to access and use the Fungees Platform, and our Services;
    • (b)operate, protect, improve and optimise the Fungees Platform, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
    • (c)send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and the information requested by you;
    • (d)send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
    • (e)administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by our business partners or us;
    • (f)comply with our legal obligations, resolve any disputes that we may have with any of our users, enforce our Terms of Use and other agreements, or protect the rights, property, or safety of Noodleface, our users, or others; and
    • (g)consider your employment application
  • 4.2We may also disclose your Personal Data to a trusted third party who holds other information about you. This third party may combine that information to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services you receive.

5Lawful basis for processing Personal Data

  • 5.1Subject to applicable law, we may rely on one or more legal bases included in the General Data Protection Regulation (GDPR) to process your Personal Data in connection with the purposes set out in this Privacy Policy, including in circumstances where:
    • (a)we have obtained your express prior consent to the processing (art 6(1)(a) GDPR);
    • (b)the processing is necessary to perform our contractual obligations to you (Art. 6(1)(b) GDPR);
    • (c)the processing is required by applicable law (art 6(1)(c) GDPR);
    • (d)the processing is necessary to protect the vital interests of any individual (art 6(1)(d) GDPR);
    • (e)we have a legitimate interest in carrying out the processing to manage, operate, or promote our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms (art 6(1)(f) GDPR); or
    • (f)when we involve third-party processors in the performance of our services and contractual obligations, and such involvement requires the sharing of Personal Data, we have entered into data processing agreements with our third-party processors according to art 28 GDPR and, if required, further appropriate safeguards according to art 46 – 49 GDPR.

6Special categories of Personal Data

  • 6.1Subject to applicable law, we do not seek to collect or process your Sensitive Personal Data (as defined in the GDPR and as amended from time to time), except where:
    • (a)the processing is required or permitted by applicable law;
    • (b)the processing is necessary for the establishment, exercise, or defence of legal rights; or
    • (c)we have obtained, under applicable law, your express consent before processing your Sensitive Personal Data.

7Disclosure of Personal Data

  • 7.1We may disclose Personal Data for the purposes described in this Privacy Policy to:
    • (a)our employees and related bodies corporate;
    • (b)third-party suppliers and service providers (including providers for the operation of the Fugees Platform and/or our business or in connection with providing our Services to you);
    • (c)professional advisers, dealers, and agents;
    • (d)our existing or potential agents, business partners or partners;
    • (e)our sponsors or promoters of any competition that we conduct via our Services;
    • (f)anyone to whom our assets or businesses (or any part of them) are transferred;
    • (g)specific third parties authorised by you to receive information held by us; and
    • (h)other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

8International transfer of Personal Data

  • 8.1Noodleface may transfer your Personal Data to third-party suppliers and cloud providers outside the EU/EEA in countries such as Australia or the USA.
  • 8.2Noodleface puts in place suitable technical, organisational, and contractual safeguards to ensure that any transfer is carried out in compliance with applicable data protection rules, except where the country to which the data is transferred has already been determined by the European Commission to provide an adequate level of protection.

9Security

  • 9.1We design our systems with your security and privacy in mind. We may hold your Personal Data in either electronic or hard copy form. We take reasonable steps to protect your Personal Data from misuse, interference, and loss, as well as unauthorised access, modification, or disclosure. We also use a combination of physical, administrative, personnel and technical measures (such as encryption protocols and software) to protect your Personal Data.

10Direct marketing

  • 10.1We and/or our carefully selected business partners may send you direct marketing communications and information about our Services. This may take the form of emails, SMS, mail, or other forms of communication. You may opt-out of receiving marketing materials by contacting us using the details below or the opt-out facilities provided (e.g., an unsubscribe link).

11Your data protection rights

  • 11.1Subject to applicable law, you are entitled to the following data protection rights:
    • (a)Right to access: you have the right to obtain confirmation that your Personal Data is processed and obtain a copy of it as well as specific information related to its processing;
    • (b)Right to rectify you can request the rectification of Personal Data that is inaccurate or add to it;
    • (c)Right to delete: you can, in some cases, have your Personal Data deleted;
    • (d)Right to object: you can object, for reasons relating to your circumstances, to the processing of your Personal Data;
    • (e)Right to limit the processing: in certain circumstances, you have the right to limit the processing of your Personal Data;
    • (f)Right to portability: you can request to receive your Personal Data in a structured, commonly used, and machine-readable format, or, when this is possible, that we communicate your Personal Data on your behalf directly to another data controller;
    • (g)Right to withdraw your consent: for processing requiring your consent, you have the right to withdraw your consent at any time; however, exercising this right does not affect the lawfulness of any processing based on your prior consent;
    • (h)Right to set instructions relating to the use of your Personal Data post mortem: you have the right to define instructions relating to the retention, deletion, and communication of your Personal Data after your death;
    • (i)Right to complain to the relevant data protection authority.
  • 11.2If you have any questions or objections about how we collect and process your Personal Data, or if you would like to exercise any of the above rights, please contact us using the information below.

12Data retention

  • 12.1We may hold your Personal Data for as long as it is reasonably necessary to enable you to access and use our Services.
  • 12.2We may retain your Personal Data wholly or partly for a longer or shorter period under applicable laws or any other lawful reason.
  • 12.3Our data retention periods may be altered from time to time based on regulatory or other changes.

13Cookies

  • 13.1Cookies are small text files stored on your device when you visit a website or app. They collect information about your browsing habits, such as which pages you visit and how you interact with the site. This data helps websites personalize your experience and improve their services.
  • 13.2How we use cookies
  • 13.3We use cookies and similar tools to enhance your user experience, provide our services, and understand how customers use our services so we can make improvements. Cookies are small amounts of information that are stored on your devices. Cookies enable us to recognise you across different websites, services, devices and browsing sessions. You can disable cookie installation via your browser settings. Or you can use the cookie banner to accept or refuse cookies.
  • 13.4Types of cookies
    • (a)Session cookies: Session cookies are stored only temporarily during a browsing session and are deleted from the visitor’s device when the browser is closed.
    • (b)Persistent cookies: Persistent cookies are saved on your device for a fixed predefined period of time (usually several months) and are not deleted when the browser is closed. Persistent cookies are used where we need to be able to recognize your device for more than one browsing session.
    • (c)First party cookies: First party cookies are set by the website you are visiting and they can only be read by that site.
    • (d)Third party cookies: Third party cookies are not set by the owner of the website you are visiting, but by a different organization. For example, advertisers and other third parties may use their own cookies when you click on an advertising or link on our Site, or we might engage a third-party analytics company that will set their own cookie to perform this service.
  • 13.5Categories of cookies
    • (a)Strictly Necessary cookies: These are cookies that are required for the operation of our website, for example, to customize your fungee. These cookies do not require your consent and cannot be switched off (although in some cases you can change your requests). You can set your browser to block or alert you about these cookies, but some parts of our Website may not work if you block these types of cookies.
    • (b)Marketing cookies: These cookies are used to tailor advertising and content to your interests (“Targeting”), both within and beyond our website. These cookies may be set through our website or by our third-party Targeting partners. They may be used by those partners to build a profile of your interests and show you relevant advertisements on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and Internet device. If you do not consent to these types of cookies, you will experience less targeted advertising (but not less advertising overall)."
    • (c)Analytics cookies: These cookies allow us to analyze wesbite usage and understand how visitors use it. These cookies recognize and collect information about the number of visitors, the pages they view, how long they view pages and how they move around our wesbite when they are using it. This helps us to improve the way our website works, for example, by ensuring that visitors are easily finding what they are looking for. If you do not consent to these types of cookies we will not be able to improve our website based on information from your visit. Analytics cookies also can be used with information from advertising cookies to help us measure the performance of our tailoring of advertising and content to your interests in order to help us improve our advertising campaigns and the Services’ content for those who engage with our advertising.

14Use of third-party software and links

  • 14.1The Fungees Platform may contain links to websites operated by third parties, or you may enter a legal relationship with third-parties as part of your dealings with Custom NFTs. These links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites. We have no control over, or rights associated with any linked websites. The privacy policies that apply to linked websites may differ substantially from our Privacy Policy, so we encourage you to read them before using them.

15Making a complaint

  • 15.1If you have any concerns about how we have handled your Personal Data, you can contact us using the details below. Please include your name, email address and/or mobile number and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about further steps you can take. You also have the right to contact your local data protection authority.

16Contact Us, Data Controller