PRIVACY POLICY

[Last Updated: September 26, 2021]

1. INTRODUCTION

Fayyr Corp. (“we”/”us”/“our”). has created this Privacy Policy to set out how we collect, use, and disclose Personal Information (defined in Section 1 below) collected through www.Fayyr.com (“Website”), any of its subpages and/or subdomains and its affiliated sites, and any mobile application associated with the foregoing (collectively with the Website, the "Service"), from “you”, “your”, “User”. This Privacy Policy also applies to the Personal Information we collect when you engage with us on social media, purchase items, artworks, or other products and services on the Service, or otherwise interact with us in using the Service in accordance with our Terms of Service. Please review this Privacy Policy carefully. Terms not otherwise defined in this Privacy Policy, are defined in our Terms of Service, located at: www.Fayyr.com/termsofservice.

2. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers our collection, use and disclosure of information about identifiable individuals and information which can be used to identify an individual (“Personal Information”). Personal Information may be collected about users and visitors to the Service, as well as our customers and their end users who use the Services. This Privacy Policy covers the activities of Fayyr and does not apply to the practices of third parties that we do not own or control, including third parties that may use the Service to sell NFTs to consumers. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy.

3. A NOTE ABOUT CHILDREN

You must be at least 13 years old to use the Service, and only with the consent of a parent or guardian in accordance with our Terms of Service. We do not intentionally gather Personal Information from visitors who are under the age of 13. If a child under 13 submits Personal Information to us and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under the age of 13, please contact us at privacy@Fayyr.com.

4. A NOTE TO USERS OUTSIDE OF THE UNITED STATES AND CANADA

If you are a non-U.S. or non-Canadian user of the Service, by visiting the Sites or App and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States and Canada, where laws regarding the processing of Personal Information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.

5. COLLECTION AND USE OF PERSONAL INFORMATION

5.1 Account Information. In order to browse the Website you do not need to have a user account. However, any Users who wish to sell digital assets or purchase digital assets must have a valid NEAR.ORG User Account, to log in to the Service (a “User Account”). When you register for the Service or create an Account, Fayyr may collect or have access to certain personal information from you (collectively, “Account Information”). This Account Information includes your email address, and username (if applicable). We use this Personal Information to process your transactions and provide you with your platform. Fayyr may also request your age to verify that you are old enough to enter the Website and use the Service.

5.2 Communication with Charities. By requesting a charitable donation receipt and providing the required information, you authorize and consent to Fayyr Corp. disclosing your full name (including middle initial), your address, the amount of the gift, and the date of the gift to the designated charity for the purpose of allowing the designated charity to issue an official donation receipt to you.

5.3 Service Information. When Users use the Service to sell items, artworks, and make purchases thereon, Fayyr collects your purchase and transaction information. Purchase information such as your NEAR or crypto wallet information is used to process transactions and enable access to your purchases. Fayyr may also store your upcoming and past purchases in connection with your Account, maintain Charity issued receipts, and assign a transaction ID number to each purchase you make.

Third-Party Disclaimer. Please note that this Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third-party websites, services, and applications, that you elect to access in connection with the Service or third parties that may resell our products. You are responsible for ensuring that you have obtained the necessary authorizations and consents for any Personal Information you make available to us for use in accordance with this Privacy Policy.

Lawful Processing. We process your Personal Information only to the extent necessary for the performance of our obligations to you, which is in providing the Service to you, or to fulfill our legal and regulatory obligations under applicable law. We set out below the type of Personal Information that we collect and how we use it. Except as set forth in this Privacy Policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your Personal Information at any time. However, withdrawing consent may result in your inability to continue using the Service.

6. COOKIES AND AUTOMATIC TRACKING (HOW WE COLLECT YOUR INFORMATION).

6.1 Collecting your Information. We automatically collect certain statistical, system log data, and other data about traffic to our Service. This information includes IP addresses, page views, browser type and version, time zone setting and location, browser plug-in types and versions, operating system, type of device and platform and other technology you use to access and use the Service, how you use the Service (for instance, the buttons, controls, products, and ads you click on), pages of our Website that you visit, the time spend or have spent on those pages, your search queries, the dates and times of your visits, the webpage you were visiting before you accessed our Service, the webpages and app(s) you use after accessing and using our Service, and interest-based information (i.e. “session cookies). A “cookie” is a small amount of data that is placed on your device, which may include a unique identifier. Cookies are sent to your browser from the Service and stored on your device. We use cookies to recognize devices and to collect information about Service users as described above. You may be able to set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. Various browsers may offer their own management tools for removing these types of tracking technologies. If you disable cookies, you may not be able to take advantage of all the features of the Service.

6.2 Google Analytics and Cookies. Some of the information we receive is obtained through the use of first-party and third-party beacons, scripts, and tags. The cookies we use on our Service are served by Google Analytics. When you visit our Service for the first time, you will have the option to enable or disable certain cookies. Information on how to opt out of the Google Analytics browser add-on can be accessed at https://tools.google.com/dlpage/gaoptout/.

6.3 How Does Targeted Advertising Work? For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You may opt out by clicking here: https://optout.networkadvertising.org/?c=1.

6.4 Cookies, Trackers, and Targeted Advertising. You can opt-out of targeted advertising by using the links below: Facebook: https://www.facebook.com/settings/?tab=ads Google: https://www.google.com/settings/ads/anonymous Instagram: https://www.facebook.com/help/instagram/2885653514995517?locale=en_US

6.5 Opting out of Targeted Advertising. Additionally, you can opt-out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

7. USE OF PERSONAL INFORMATION

Fayyr uses the Account Information to do the following:

(a) authenticate access to the Account and provide access to the Service;

(b) provide, operate, maintain and improve the Service; send technical notices, updates, security alerts and support and administrative messages;

(c) provide and deliver the Service and features you request, process and complete transactions, and send you related information, including confirmations and invoices;

(d) respond to comments, questions, and requests and provide customer service and support;

(e) communicate with you about services, features, surveys, newsletters, offers, promotions, contests and events, and provide other news or information about us and our select partners;

(f) investigate and prevent fraudulent transactions, unauthorized access to the Service, and other illegal activities;

(g) personalize and improve the Service, and provide content, features, and/or advertisements that match your interests and preferences or otherwise customize your experience on the Service;

(h) monitor and analyze trends, usage, and activities in connection with the Service and for marketing or advertising purposes;

(i) link or combine with other information we receive from third parties to help understand your needs and provide you with better service; and

(j) for other purposes which we will notify you about and seek your consent.

We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Service

8. STORAGE LOCATION AND TRANSFER OF PERSONAL INFORMATION

Fayyr processes and stores its data, including Personal Information, on servers located in Canada. and the United States. Fayyr also transfers data to third-party service providers listed and described in this Privacy Policy.“(“Sub-Processors”). By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the United States under lawful access regimes or court order.

9. DISCLOSURE OF PERSONAL INFORMATION WITH THIRD PARTIES

9.1 Service Providers and Business Partners. To use the Service, a User must be connected with a User. Account on the NEAR Platform. Any such transfer of Personal Information as and between the Near Platform and our Services is to allow your use of our Service. Similarly, we may also may from time to time employ third parties to perform tasks on our behalf and we may need to share Account Information and other Personal Information with them to provide certain services. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of database management, payment processing and customer relationship management tools, including the Sub-Processors. By requesting receipts of any donations to charities you make on the Service, you are consenting to Fayyr transmitting your Personal Information to such charities for the purposes of issuing charity contribution/donation receipts. We may also disclose aggregate statistical data to our partners and clients, such as advertisers and other third parties, who may use the data for business purposes. This information does not include any Personal Information.

9.2 Business Transfers. If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

9.3 With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.

9.4 As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by applicable law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to, satisfy any applicable law, regulation, legal process, or governmental request; enforce our contracts or user agreement, including investigation of potential violations hereof; and detect, prevent, or otherwise address fraud, security or technical issues. This disclosure of information may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of our Privacy Policy, the collection, use, and disclosure of Personal Information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

10. SECURITY

The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect the Personal Information that you provide to us. We have implemented procedures designed to limit access, input, transmission, security of availability, separation, and dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.

11. RETENTION

11.1 General. We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained Personal Information will remain subject to the terms of this Privacy Policy.

11.2 EEA Residents. If you are a resident of the EEA, you have certain data protection rights. Fayyr takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information (known as “Personal Data” under the EU General Data Protection Regulation). If you wish to be informed of what Personal Data we hold about you and if you want it to be removed from our systems, please contact us using the contact information set out below. Note that where we act as the data processor on behalf of our users, you will be required to contact the data controller directly to exercise your rights. In certain circumstances, where we act as data controller, you have the following data protection rights:

  • Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you where we are the data controller and to check that we are lawfully processing it
  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information 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 which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
  • Please note that we may ask you to verify your identity before responding to such requests.
  • You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.

11.3 Exercising Your Rights. If you wish to exercise any of the rights set out above, please contact us using the contact details we have provided in this Privacy Policy under Section 16 (ADDITIONAL INFORMATION). You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

11.4 International Users. If you are visiting the Website or using the Service from outside of Canada, please note that you are agreeing to the transfer of your information to Canada and the United States and for it to be processed globally by our third-party Sub-Processors. By providing your information you consent to any transfer and processing in accordance with this Policy.

12. ACCESS, CORRECTION AND ACCURACY

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner. We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

13. CALIFORNIA PRIVACY RIGHTS

This Section provides additional details about the Personal Information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act (the CCPA). We collect the Personal Information referenced in this Privacy Policy (see above) for commercial purposes described above Fayyr does not sell (as that term is defined in the CCPA) the Personal Information we collect.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of Personal Information we collect (including how we use and disclose this Personal Information), to delete their Personal Information, to opt out of any “sales” of Personal Information that may be occurring, and to not be discriminated against for exercising these rights. California consumers may make a request pursuant to their rights under the CCPA by contacting us at the contact information below. We will verify your request using the information associated with your account, if available, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

14. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Service (and the Website) after such changes have been first posted.

15. SUB-PROCESSORS

To support Fayyr in delivering the Service, Fayyr engages third-party service providers as sub-processors. This page identifies our sub-processors, describes where they are located, lists what services they provide to us and identifies the type of personal information processed. Our business needs may change from time to time and Fayyr will periodically update this page to provide notice of additions and removals to our list of sub-processors.

  1. Service Provider: Azure (Microsoft)
  • Types of PI processed: All PI gathered by Fayyr
  • Processor Activities: Provides database and processing services for running the website.
  • Location: United States
  1. Service Provider: HostPapa.ca
  • Types of PI processed: Information sent via email to Fayyr, or available to a webhost
  • Processor Activities: Webhosting and email services
  • Location: Canada

16. ADDITIONAL INFORMATION

Questions regarding this Privacy Policy or Fayyr’s privacy practices should be directed to our Privacy Officer:

FAYYR CORP.
Re: Privacy Compliance Officer
privacy@Fayyr.com
118 Woodbend Cres,
Waterloo, ON,
N2T1G9, Canada