Privacy Policy

EFFECTIVE DATE: January 10, 2023

This Privacy Policy (“Policy”) describes how GORJS DAO, LLC. (“GORJS,” “we” or “us”) collects, uses, discloses and otherwise processes the personal information described in this Policy, as well as the rights and choices individuals have regarding such personal information.

For information about the privacy choices you have regarding your personal information, review Section 7. Your Privacy Choices below. If you are a resident of California, please also refer to Section 12. Additional Privacy Information for California Residents below for information about the categories of personal information we collect and your rights under California privacy laws.

Your use of our Services (defined below), and any dispute over privacy, is subject to this Policy and our Terms of Use.

1. Scope

Except as otherwise noted below, this Policy applies to the personal information that GORJS processes related to users of our websites where this Policy is posted, including, and the services we provide through these (collectively, the “Services”); individuals who download whitepapers or similar informational content from our websites; and individuals that communicate with us or otherwise engage with us related to our Services.

Not In Scope. This Policy does not apply to the personal information that we collect and process about GORJS employees and personnel or job applicants and candidates.

Additional Notices. In some cases, additional or supplemental privacy notices (each an “additional notice”) may be provided and will apply to certain personal information collected and processed by us. The additional notice will control to the extent there is a conflict with this Policy, with respect to your personal information that is subject to that notice.

2. Personal Information Collected

As further described below, we collect personal information directly from individuals, from third parties, and automatically when such data relates to the use of our Services or other interactions with us.

Personal Information Collected Directly. The personal information we collect from you depends upon how you use our Services or otherwise interact or engage with us, but generally includes:

• Communications and interactions. When you email, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications and our responses. We may also maintain records of communications and information that you post on our social media and Discord channels, and information you provide to us related to any support requests.
• Promotions, contests, events and other requests. We also collect personal information related to your participation in our events, promotions, contests as well as other information or requests that you submit to us related to our Services. For example, if you subscribe to our newsletter, or register for or participate in a contest, promotion, or other event that we host or sponsor, we may collect information related to your registration for and participation in such event. When you download or request information from us, we collect and maintain records of your requests.
• Actions you take through the Services. We collect information about your use of and activities on the Services, such as for example if you submit votes regarding NFT purchases through the website, and other related actions.

If you choose to connect your cryptocurrency wallet through our website, we will collect your walletID and our KYC service providers will vet your personal information, however, we do not receive personal information about you from these service providers. These service providers will only let us know whether the identity associated with the walletID has been successfully verified or not.

Personal Information from Third Parties. We may collect personal information about you from third party sources, such as public databases, social media platforms or other third parties. For example, if you post information about us or engage with us on third party platforms (such as our Discord channel or other social media platforms), we may collect personal information about you from that third party platform or account. These third-party platforms and services control the information they collect and share about you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies.

Personal Information Collected Automatically. We automatically collect personal information related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. Such information includes:

• Device and browsing information. We use cookies, log files, pixel tags and other tracking technologies to automatically collect information when users access or use our Services, such as IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information. For more information, see Section 6. Cookies and Analytics, below.
• Activities and usage. We also collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services, or items downloaded.
• Location information. We may collect or derive location information about you, such as through your IP address.

3. Purposes of Use and Processing

Generally, we collect, use, disclose and otherwise process the personal information we collect for the following purposes:

• Services and support. To provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you about the Services, and for similar service and support purposes.
• Analytics and improvement. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop services and features, and for internal quality control and training purposes.
• Marketing and advertising. For marketing and advertising purposes. For example, to send you information about our Services, such as offers, promotions, newsletters and other marketing content, including about cross-brand or third party products and services we think may interest you, as well as any other information that you sign up to receive.
• Planning and managing events. For event planning and management, including registration, attendance, connecting you with other event attendees, and contacting you about relevant events and Services.
• Security and protection of rights. To protect the Services and our business operations; to protect our rights or those of our stakeholders; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use.
• Compliance and legal process. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.
• General business and operational support. To consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and related to the administration of our general business, accounting, auditing, compliance, recordkeeping, and legal functions.

4. Disclosures of Personal Information

We may disclose the personal information that we collect for the purposes described above, in order to provide our Services to you, to respond to and fulfil your orders and requests, as otherwise directed or consented to by you, and as follows:

• Vendors and service providers. We may disclose personal information we collect to our service providers, processors and others who perform functions on our behalf. These may include, for example, IT service providers, help desk, KYC service providers, analytics providers, consultants, auditors and legal counsel.
• Our Group Entities. We may disclose personal information we collect to our affiliates or subsidiaries, who will use and disclose this personal information in accordance with the principles of this Policy.
• Third party platforms, providers and networks. We may disclose or make available personal information to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests. We may also make certain information that includes personal information available to third parties in support of our marketing, analytics, and campaign management (see Section 6. Cookies and Analytics for more information).
• In support of business transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. We may also share certain personal information as necessary prior to the completion of such a transaction or corporate transactions such as financings or restructurings, to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for a transaction.
• Compliance and legal obligations. We may also disclose personal information to third parties to comply with our legal and compliance obligations and to respond to legal process. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. This may include regulators, government entities, and law enforcement as required by law or legal process. In addition, it may include certain disclosures that we are required to make under applicable laws, such as the names of sweepstakes and contest winners.
• Security and protection of rights. We may disclose personal information where we believe doing so is necessary to protect the Services, our rights and property, or the rights, property and safety of others. For example, we may disclose personal information in order to (i) prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, and misuse of the Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, and detect, investigate and take action in response to violations of, our Terms of Use. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.

5. Aggregate Data and Non-identifiable Data

We may also use and disclose aggregate, anonymous, and other non-identifiable data related to our business and the Services for quality control, analytics, research, development and other purposes.

6. Cookies and Analytics

We and our third-party service providers use cookies, pixels, log files, APIs, and other mechanisms to automatically collect information browsing, activity, device and similar information within our Services. We use this information to, for example, analyze and understand how users access, use and interact with others through our Services, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize and improve the performance of our Services. You have certain choices about our use of cookies and tracking within the Services, as described in this section. For more information on the types of personal information we collect via cookies and similar mechanisms, please see Section 2. Personal Information Collected.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within Service.

Pixel tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third-Party Analytics and Tools. We use third party tools, such as Google Analytics, which are operated by third party companies. These third-party analytics companies may collect usage data (using cookies, pixels and similar tools) about our Services in order to provide us with reports and metrics that help us to evaluate usage of our Services and improve performance and user experiences. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Managing Your Preferences. We make available several ways for you to manage your preferences regarding certain cookies within our Services. Many of these are

• Browser settings. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set; you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to delete cookies. Visitors to our Services who disable cookies will be able to browse the website, but some features may not function. Please note that browser and device specific, which means that you need to set the preference for each browser and device you use to access our Services; in addition, if you delete or block cookies, you may need to reapply these preferences.

7. Your Privacy Choices

You can manage your privacy choices and submit privacy requests related to your personal information. These include:

• Marketing communications. You can opt out of receive marketing emails from us by using the unsubscribe link in the footer of each marketing email we send to you.
• California Residents. If you are a California resident, please review Section 12. Additional Information for California Residents below, for specific information about your California Privacy Rights and how to exercise them.

For more information about our privacy practices and your privacy choices, you may contact us as set forth in the ‘Contact Us’ section below.

8. Children

Our Services are not designed for children, and we do not knowingly collect personal information from children under the age of thirteen (13). If we discover that a child under the age of 13 has provided us with personal information in violation of applicable law, we will take steps to delete such information from our systems. If you’re a parent and you believe we have collected your child’s information in violation of applicable law, please contact us as set forth below, in Section 11. Contact Us

9. Security

We have implemented safeguards that are intended to protect the personal information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security

10. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. If we make material changes to how we collect, use and disclose the personal information we have previously collected about you, we will endeavor to provide you prior notice, such as by posting prominent notice through on our website or within the Service

11. Contact Us

If you have questions about this Policy or our privacy practices, you may contact us at Gorjs@nyxcosmetics.com.

12. Additional Information for California Residents

This section provides California residents with additional information regarding our collection, use and disclosure of their personal information, as well as their privacy rights, under California privacy laws.

In this section, we provide additional information to California residents about how we handle their personal information, as required by the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information or other personal information that is exempt under the CCPA.

Categories of Personal Information Collected and Disclosed. While our processing of personal information varies based upon our relationship and interactions with you, the table below identifies, generally, the categories of personal information (as defined by the CCPA) that we have collected about California residents, as well as the categories of third parties to whom we may disclose this information for a business or commercial purpose.

Sales and Sharing of Personal Information. California privacy laws define a "sale" as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration, and “sharing” broadly includes disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.

Sources of Personal Information. In general, we may collect personal information from the following categories of sources:

• Directly from the individual
• Data analytics providers
• Social networks
• Internet service providers
• Operating systems and platforms

Purposes of Collection, Use and Disclosure. As described in more detail in Section 3. Purposes of Use and Processing and Section 4. Disclosures of Personal Information, we collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes and as otherwise directed or consented to by you:

• Services and support
• Analytics and improvement
• Marketing and advertising
• Planning and managing events
• Security and protection of rights
• Compliance and legal process
• General business and operational support

We do not use or disclose your sensitive personal information other than as authorized pursuant to section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027 (2022)).

Retention. We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection, as well as an additional period of time as necessary to protect, defend or establish our rights, defend against potential claims, and comply with legal obligations.

California Residents’ Rights. Under the CCPA, California residents have the following rights (subject to certain limitations):

• Opt out of sales and sharing: The right to opt-out of our sale and sharing of their personal information.
• Limit uses and disclosure of sensitive personal information: the right to limit our use or disclosure of sensitive personal information to those authorized by the CCPA.
• Deletion: the right to the deletion of their personal information that we have collected, subject to certain exceptions.
• To know/access: the right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
• Correction: the right to correct inaccurate personal information that we maintain about them.
• Non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.

Submitting CCPA Requests. California residents may submit CCPA requests to access/know, correct and delete their personal information maintained by us by emailing Gorjs@nyxcosmetics.com.

We will take steps to verify your request by matching the information provided by you with the information we have in our records. We will process your request based upon the personal information in our records that is linked or reasonably linkable to the information provided in your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us at Gorjs@nyxcosmetics.com; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

For more information about our privacy practices, you may contact us as set forth in Section 11. Contact Us, above.