1. Who Are We

Your privacy is important to Be by Animoca Brands. This Privacy Policy provides information about the personal information that Be by Animoca Brands collects and the ways in which Be by Animoca Brands may use, hold and disclose this personal information. For the avoidance of doubt, this Privacy Policy does not override, substitute or derogate from any mandatory rights afforded to you under any privacy and data protection laws applicable to you.

When used in this document, depending on the context, “we,” “our” and “us” refers to Be by Animoca Brands.

2. Be by Animoca Brands Privacy Policy

Protecting personal information is fundamental to Be by Animoca Brands relationship with our supporters, players and business partners. All personal information received in connection with Be by Animoca Brands products or services, or in the conduct of Be by Animoca Brands Business, is therefore treated seriously, having regard to Be by Animoca Brands legal obligations.

3. Information Collected

Generally, when participating on our blockchain platforms or websites, Be by Animoca Brands collects personal information directly from you via your use of the products and services on offer and any registration you make to participate with or receive information from Be by Animoca Brands and any business relationship between you and us, including via email. The personal information which the Be by Animoca Brands may collect and hold includes:

• your name, age, billing and/or shipping address, email address, gender, occupation and telephone number(s);

• your electronic wallets address;

• opinions and beliefs provided via surveys and questionnaires.

• your credit card information; and

• details of the items ordered or purchased from us.

• your credit card information; and

• details of the items ordered or purchased from us.

Your electronic wallet address will be subject to third party payment processes for transactions and any further payment details will not be held by Be by Animoca Brands.

In addition, you may also provide to us and we may collect and hold additional personal information, such as:

We also may collect additional non-personally identifiable information (for example, browser version, IP address), including that will provide information regarding the general use of the Be.Group website. By providing us with personal information, you consent to that information being collected, used, disclosed and stored in accordance with this Privacy Policy.

If you do not give personal information to us, it may affect our ability to provide you with products and/or services.

We may also collect information about you which is considered sensitive under applicable privacy and data protection laws. Generally, we will ask for your consent to handle your sensitive information or, in certain circumstances, you will consent to our collection by providing other sensitive information to us.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you; however, we will provide you with an opportunity to opt-out of receiving communications about that matter within each of those communications.

4. Opt-Out/Unsubscribe

You can easily unsubscribe at any time you want to our communications by contacting us using the contact details specified in paragraph 12 of this Privacy Policy or by following the instructions contained in an email.

It may take some time to put an opt-out or an unsubscribe in effect so you may still receive communications from us for several weeks after your request is received.

For the avoidance of doubt, by opting-out or unsubscribing yourself from a mailing list of an Be by Animoca Brands product or service this will ensure your removal from that particular mailing list but will not guarantee your removal from other mailing lists that the Be by Animoca Brands may store your details in as a result of your engagement with a different service or product.

5. Information from Third Parties

During the course of business, Be by Animoca Brands may also collect personal information that is given to them by a third party (for example, a corporate partner of Be by Animoca Brands or information that is on a publicly maintained record). This information forms part of the personal information described in this Privacy Policy. Be by Animoca Brands will not intentionally solicit personal information that is unintentionally disclosed.

We may also receive information about you from third parties in relation to other websites. For example, you may choose to participate in a third party application or feature as part of our services (such as logging in through Facebook Connect or Google+ or otherwise linking to the services from another website or interactive service) or on a third party website or service (such as a Facebook application or a similar application or feature) through which you allow us to collect (or the third party to share) information about you, including personal information. When you choose to participate, you may be opting to link your activity on the Be.Group website services with that third party website or service, which may then collect information about your visits to the Be.Group website and may publish that activity as you request to your “profile” or similar feature with that third party (such as if you choose to share content you find on the Be.Group website with your “connections” on the third party’s website or service).

The information we collect is subject to this Privacy Policy. However, the information collected and stored by the third party remains subject to the third party’s privacy practices, including whether the third party continues to share information with us or with other third parties, the types of information shared, and your choices with regard to what is visible to others on that third party’s website or service. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party website or service give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections'” web page, profile page, or similar page on a social networking or other third party website or interactive service.

6. Public Forums, Refer a Friend, and Customer Testimonials

Be by Animoca Brands may provide bulletin boards, blogs, or chat rooms on the Be.Group website or mobile applications. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Be by Animoca Brands is not responsible for the personal information you choose to submit in these forums.

7. Storage of Personal Information

Wherever reasonably practicable, Be by Animoca Brands will store personal information on data servers that are owned and controlled by Be by Animoca Brands. However, some of your personal information may be transferred, stored, processed, used or disclosed overseas by Be by Animoca Brands, or by Be by Animoca Brands third party service providers.

This may happen if our service providers are located overseas, or if transactions, information, services or products have an overseas connection. Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws.

You agree to the disclosure and use of such personal information in accordance with this Privacy Policy, and consent to its disclosure overseas and its use by third parties, including our service providers, and such other countries in which those parties or their computer systems may be located from time to time, where it may be used solely for the purposes described in this Privacy Policy, without us being responsible for such use (or for any breach). Whereas Animoca Brands use cloud computing services we will use our reasonable endeavours to ensure that such disclosures are in compliance with privacy laws.

8. Use and Disclosure of Personal Information

Be by Animoca Brands collect, hold, use and disclose your personal information for purposes including, without limitation:

• to facilitate transactions;
• to verify your identity;
• to improve any proprietary programs;
• to facilitate community competitions and programs;
• to provide, and to assist us with providing products and services to you, to manage and account for the products and services, and to improve the products and services;
• to manage Be by Animoca Brands relationship(s) with you;
• to provide you with information about events, products and/or services that may interest you;
• to facilitate the internal business operations of Be by Animoca Brands;
• to promote and market events, products or services;
• to undertake research;
• to enable corporate partners and sponsors of Be by Animoca Brands to market and promote their products and services to you;
• to provide to our third party service providers in connection with any of the above;
• to identify risk and implement appropriate controls to prevent or manage public health responses to pandemics or similar occurrences, including COVID-19, including by providing personal information to relevant Government and health authorities, upon request, to assist with contact tracing and take reasonable precautions to ensure the health and safety of our employees, contractors, and others, and the security of our sites; and
• to manage any Be by Animoca Brands, Government or health authority requirements, policies or protocols for entry into our sites and events.

Be by Animoca Brands may also disclose personal information where it is otherwise permitted to do so by law.

You consent to Be by Animoca Brands using your personal information for sending you information, including promotional material, about Be by Animoca Brands, or Be by Animoca Brands products and services, as well as the products and services of selected third parties, now and in the future. You also consent to us contacting you with such information by means of direct mail, email, SMS, MMS messages, social media and via telephone.

Sharing Information With Third Parties

We engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorisation, fraud protection and credit risk reduction, product customisation, order fulfilment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing.

We may need to share personal information with these third parties so that they can perform these services, however, we limit the personal information that we give to them and authorise them to use this information only for the purpose of performing those services.

We may also share personal information with third party rights holders regarding proprietary platforms (including the intellectual property rights contained in said platforms) and/or with any third party/ies subsequently acquiring ownership and/or administrative rights in and to proprietary platforms (or any component thereof), for such third parties to hold, use and/or disclose for marketing purposes (subject to paragraph 4 of this Privacy Policy) and/or for the other purposes set out in paragraph 8 of this Privacy Policy in addition to or in lieu of Be by Animoca Brands.

We may share aggregated demographic information about our user base with our agents, including agencies or third party vendors so that they can provide marketing analysis and consult on advertising strategies. This information does not identify individual users. We also may share non-personal information, such as the number of users who visited our proprietary platforms during a specific time period or who purchased a specific product through the website, with our marketing partners, advertisers and others from time to time. This information generally is shared in an aggregated form.

Be by Animoca Brands do not otherwise disclose personal information without your permission.

Cookies

Be by Animoca Brands may use “cookies” on the Be.Group website. A cookie is a small text file that the Be.Group website may place on your computer. Usually, cookies are used as a means for our websites to remember your preferences and are thus designed to improve your experience of the Be.Group website. Cookies may collect and store personal information about you.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

If you disable the use of cookies on your web browser or remove or reject specific cookies from our website or linked sites then you may not be able to gain access to all of the content and facilities on the Be.Group website.

Website Analytics

When you visit and browse the Be.Group website, our website host and some third party service providers may collect information for statistical, reporting and maintenance purposes.

Subject to the terms of this Privacy Policy, this information is used to administer and improve the performance of the Be.Group website and will not be used to identify you. The information may include:

• the number of users visiting our website and the number of pages viewed;
• the date, time and duration of a visit;
• visiting patterns of individuals accessing Be by Animoca Brands Online;
• the IP address of your computer; and
• the path taken through our website.

Be by Animoca Brands uses website analytic services to help analyse how you use the Be.Group website (Website Analytics). Website Analytics generates statistical and other information about website use by means including but not limited to cookies which are stored on users’ computers. The information generated is used to create reports about the use of the Be.Group website. Our third party providers of these services may store this information. Be by Animoca Brands will not (and will not allow any third party to) use Website Analytics to track or to collect any personally identifiable information of visitors to the Be.Group website. Be by Animoca Brands will not associate any data gathered from the Be.Group website with any personally identifying information from any source as part of the Be by Animoca Brands’s use of Website Analytics.

Be by Animoca Brands treats personal information that may be obtained through cookies and any other information supplied to us (for example if you send us an email) in accordance with this Privacy Policy.

Links

The Be.Group website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Children’s Privacy

If you are under 18, you should only use the Be.Group website with the involvement of a parent or guardian. For their protection, we ask that anyone under 18 years of age does not attempt to register with the Be.Group website or otherwise provide us with any personal information without the consent of a parent or legal guardian.

10. Information Security

Be by Animoca Brands will take reasonable steps to protect all personal information within their direct control from misuse, interference, loss, unauthorised access, modification or disclosure. Be by Animoca Brands will take reasonable steps to hold information securely in electronic or physical form in access controlled premises or in electronic databases requiring logins and passwords.

11. Notifiable Data Breaches Scheme

In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, Be by Animoca Brands will investigate and notify you and the relevant regulatory authority or agency as soon as practicable.

12. Contacting Us Regarding Access, Correction and Privacy Complaints

The privacy laws of some jurisdictions give individuals the right to access, amend or delete their personal information or, in some circumstances, to restrict or object to the processing of their personal information.

Information we hold about you should be up-to-date and accurate. Please advise of any changes to your information using the contact details set out in this paragraph 12.

An individual may:

• request access to and seek the correction of their personal information held by the Be by Animoca Brands at any time;
• make a complaint in relation to an alleged breach of privacy; or
• submit a query or concern about this Privacy Policy or Be by Animoca Brands’s information handling processes,

by contacting Be by Animoca Brands by email at [email protected]

Access

You will be required to provide proof of identity in order to obtain access to your personal information. If you would like to request a copy of your data, or would like to take steps to exercise your rights, please contact us as set out in this paragraph 12. Be by Animoca Brands may charge an administration fee where access is provided. Be by Animoca Brands may refuse to provide access if permitted to do so by law. Be by Animoca Brands aims to provide access to your personal information within 30 days of a valid request.

Complaints

At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or affect the commercial arrangements between you and the Be by Animoca Brands.

Be by Animoca Brands will commence an investigation into your complaint. You will be informed of the outcome of your complaint within a reasonable period of time following completion of the investigation.

13. Updates to Privacy Policy

We may vary this Privacy Policy from time to time, by posting an updated Privacy Policy accessible via the Be by Animoca Brands websites. This Privacy Policy was last updated in February 2023.