PRIVACY AND DATA POLICY
ISSUED BY LIVETREE COMMUNITY LIMITED
Last updated: November 8, 2022
1. INTRODUCTION AND GENERAL TERMS
These terms apply to the use of the Livetree Community Limited (a registered Isle of
Man limited company with company number 020052V) (“Livetree” / “we” / “us”)
services and as further detailed below. Our registered office is at [ ].
This privacy and data policy (“Privacy Policy”) applies and has effect in respect of the
Livetree application and website, which is available at www.livetree.com, as well as
related content, services, activities and features (the “Services”, each a “Service”).
If you have any questions or comments about this Privacy Policy, or if you want to
exercise your right to object to the processing of your personal data, you can contact us
at [connect@livetree.com].
We are committed to protecting and respecting your privacy. This Privacy Policy
explains the basis on which personal data we collect from you will be processed by us or
on our behalf. Where we decide the purpose and means for which personal data you
supply through this Service is processed, we are the “controller” for the purposes of the
General Data Protection Regulation 2016/679 (“EU GDPR”), the GDPR as it forms part of
the laws of England, Wales, Scotland and Northern Ireland by virtue of section 3 of the
European Union (Withdrawal) Act 2018 (“UK GDPR” and together with the EU GDPR, the
“GDPR”) and the UK Data Protection Act 2018 (“UKDPA”). We will comply with all
applicable data protection laws, including the GDPR, UKDPA and the California Consumer
Privacy Act 2018 (“CCPA”).
Please read this Privacy Policy carefully as it contains important information about the
following:
o What information we may collect about you;
o How we will use information we collect about you;
o Whether we will disclose your details to anyone else; and
o Your choices and rights regarding the personal data we hold about you.
This Privacy Policy should be read in conjunction with our Terms of Use as may be
applicable in respect of the Service. Where Terms of Use are applicable, they will be
made available via the Service.
The Service may contain hyperlinks to services owned and operated by third parties.
These third party services may have their own privacy policies and we recommend that
you review them. They will govern the use of personal data that you submit or which is
collected by cookies and other tracking technologies whilst using these services. We do
not accept any responsibility or liability for the privacy practices of such third party
services and your use of these is at your own risk. For information about our cookie
practices, please see paragraph 4 and our Cookie Policy.
We may make changes to this Privacy Policy in the future, which will be made available
here. You should check here from time to time to ensure you are aware of any changes.
Where appropriate, we may notify you of changes by email or through the Service.
2. INFORMATION WE MAY COLLECT ABOUT YOU
We may collect and process the following personal data from you when you use our
Services (for example, our website forum) (together, the “Services Information”):
Information that may be provided by you when creating a Service account
(“Submitted Information”)
o Your username;
o Your email address;
o A friend’s referral code (if applicable);
o [Your MetaMask Wallet Address; and
o Technical Information relating to the wallet interface.]
Information that may be provided when you upload content to our Service
(“User Content”)
When you upload User Content belonging to you or to which you are otherwise entitled
on our Service, we may collect the following information:
o Video content
o Photos
o Messages and posts
o Your engagement with others’ content
Information that may be provided by you when you contact us for support
(“Support Information”)
o Your full name;
o Your email address; and
o Your telephone number
(if you choose to provide this).
Information that may be provided by you when you use our community
function
(“Community Data”)
When you use the community function, we will process this information in order to allow
you to chat with other users, and create collectives, fan clubs and social spaces, and to
hold discussions. Personal data we may collect in this way includes:
o Messages between you and other users;
o Your engagement with collectives and other communities
Information about your activities
(“Technical and Usage Data”)
We may collect technical and usage information about your use of our Service through
tracking technologies and analytics collection in our Services. Personal data we may
collect in this way includes:
o IP address;
o Geolocation information (i.e. longitude and latitude);
o Service user ID (a unique ID that we generate which identifies Service users);
o Device information (such as your device ID, operating system and version, device
brand, device family, model and manufacturer);
o Mobile network carrier (if applicable);
o Country, market and region information;
o Language;
o Error and crash data (identifying a Service crash event);
o Advertising identifier numbers (such as IDFA (iOS devices) and ADID (Android
devices)); and
o Events related to your Service usage, (such as virtual currency balance).
Analytics and profile information
(“Analytics and Behavioural Data”)
We may collect, or create by analysis of other Services Information, analytical
information in connection with your Service usage including without limitation:
o When you first launched / began using the Service;
o Whether you discovered our Service organically, or whether you discovered the
Service through an advertising campaign;
o What your Service usage habits are (for example, whether you use the Service in
a particular way or only use a part of the Service and how often you use it); and
o We may associate your account with a user segment group which we think have
shared characteristics.
3. WHY WE COLLECT INFORMATION ABOUT YOU
To provide the Service to you and to attribute your MetaMask wallet to the
correct account
We will process Submitted Information and User Content to provide our Service to you
under the Terms of Use agreed between us. This includes allowing you to upload User
Content, to distribute royalties to you or on behalf of your collective, and to process your
purchase of User Content from another user.
The processing of information in this way is necessary, for us attribute your MetaMask
wallet address to the correct account and to ensure the Service delivers the features
promised and functions properly. For these purposes, we rely upon the legal basis of
performance of a contract (being performance of the Terms of Use agreed between us).
To provide the community function to you
When you use the community function, we will process Submitted Information, User
Content and Community Data in order to allow you to chat with other users, and create
collectives, fan clubs and social spaces, and to hold discussions and support causes.
We process this information in accordance with the terms of our contract with you. We
also use this information to pursue our legitimate interests in providing our Services to
you, and to understand our users and improve our Services.
To prevent money-laundering and other illegal activity
We process your Submitted Information for the purpose of ensuring that the funds held
in the MetaMask wallet do not present a risk of money-laundering. We conduct
verification checks through the transaction history associated with the ETH, Celo,
Polkadot, Moonbeam, Unique, or Quartz address, as publicly viewable on the blockchain.
We do this for our legitimate interests of ensuring that your use of our Services is lawful
and in compliance with our agreement (being the Terms of Use agreed between us), to
prevent disruption to our Service, to enforce our rights, to protect any individual or
otherwise to ensure our compliance with our legal obligations.
To respond to your enquiries and requests for support
We may process certain of your Services Information (including your Support
Information and certain other Services Information which might be relevant) so that we
are able to properly respond to your enquiries and support requests, in accordance with
the Terms of Use agreed between us.
For the above purposes, we rely upon the legal basis of performance of a contract (being
our Terms of Use with you for the Service).
4. COOKIES
A cookie is a text file placed onto your device when you access our Services. We use
cookies and other similar or equivalent online tracking devices such as web beacons,
standard development kits (for mobile) and flash object storage to deliver, improve and
monitor our Services, including in the following ways:
Authentication To log you into our Service and keep you logged in.
Service delivery
To deliver our Services and third party services which may be
embedded into our own Services (such as social media network
connectivity).
Preferences To remember information about your preferences such as your
preferred language and configuration.
Analytics
To help us understand how you use our Services, such as how often,
so we can improve Services and deliver a better experience and also
for us to carry out research and statistical analysis to help us develop
new content, products and services.
Advertising
To help us deliver in-Service advertising to you (which may be served
by, or facilitated by, third parties). These are also used to help us and
our partners and vendors measure the effectiveness of advertising and
whether it was actually served to you.
The information we obtain from our use of cookies will not usually contain your personal
data. Although we may obtain information about your device such as your advertiser ID,
IP address, your browser and/or other internet log information, this will not usually
identify you personally.
Please note that if you choose to disable cookies, or similar technologies, on your device
you may be unable to make full use of our Services or may not have the same quality of
experience.
We may work with third parties who may also set cookies and equivalent technologies on
our Services, for example: Google Analytics, Google AdWords, YouTube, Facebook,
Twitter and LinkedIn, which we use to display video content, enable social networking
functionality and sharing, and to monitor how visitors use our Services.
5. DATA SHARING
We will share your information with third parties only in the ways that are
described in this Privacy Policy
Group members, personnel, suppliers or subcontractors from time to time: We
keep your information confidential but may disclose it to any member of our group
(which means our subsidiaries, our ultimate holding company and its subsidiaries, as
defined in section 1159 of the Companies Act 2006), our personnel, our advertising and
analytics service providers and our other suppliers or subcontractors insofar as it is
reasonably necessary for the purposes set out in this Privacy Policy. However, this is on
the basis that they do not make independent use of the information and have agreed to
safeguard it.
Payment providers: Where you instigate a payment with us, your payment related
information will be processed by our payment providers.
Merger or acquisition: If we are involved in a merger, acquisition, transfer or sale of
all or a portion of our assets, you will be notified via email, account message and/or a
prominent notice on our website of any change in ownership or uses of this information,
as well as any choices you may have regarding this information.
Required by law: We may disclose your information to the extent that we are required
to do so by law (which may include to government bodies and law enforcement
agencies); in connection with any legal proceedings or prospective legal proceedings;
and in order to establish, exercise or defend our legal rights (including providing
information to others for the purposes of fraud prevention).
Third party suppliers: we will share your Submitted Information with third-party
suppliers based in the UK, for the purposes of running checks to seek to prevent moneylaundering and other illegal activities.
6. AUTOMATED DECISION MAKING
We may use automated decision-making methods which do not involve human
involvement to process your information and shall do so only in the ways that are
described in this Privacy Policy.
7. MARKETING INFORMATION
In the event we wish to process your personal data for marketing purposes and where
not otherwise detailed in this Privacy Policy, we will obtain your prior consent to process
your personal data before doing that where we are required to do so by law. In each
relevant instance, if you prefer that we do not process your personal data in that way,
you can let us know by simply using the relevant consent options, buttons or similar
choices we provide to you at the relevant time. You can also withdraw your consent (or,
if applicable, ‘opt-out’) at any time by letting Livetree know by email to
[connect@livetree.com].
8. YOUR RIGHTS IN RELATION TO YOUR PERSONAL DATA
You have the following rights over the way we process personal data relating to you, as
set out in the table below. We aim to comply with requests without undue delay and
within one month at the latest.
Ask for a copy of personal data we are processing about you and have
inaccuracies corrected or request erasure
You have the right to request a copy of the personal data we hold about you and to have
any inaccuracies corrected. You can request a copy by emailing [connect@livetree.com].
We will use reasonable efforts, to the extent required by law, to comply with requests to
supply, correct or delete personal data held about you on our files (and request that any
third parties to whom it has been disclosed to do the same).
Object to us processing personal data about you
You can ask us to restrict, stop processing or delete your personal data if:
o you consented to our processing the personal data and have withdrawn that
consent;
o we no longer need to process that personal data for the reason it was collected;
o we are processing that personal data because it is in the public interest or it is in
order to pursue a legitimate interest of Livetree or a third party, you don’t agree
with that processing and there is no overriding legitimate interest for us to
continue processing it;
o the personal data was unlawfully processed;
o you need the personal data to be deleted in order to comply with legal
obligations; and/or
o the personal data is processed in relation to the offer of a service to a child.
You can request account deletion by sending an email to [connect@livetree.com].
Obtain a machine-readable copy of your personal data, which you can use with
another service provider
o If (i) we are processing personal data in order to perform our obligations to you
or because you consented and (ii) that processing is carried out by automated
means, we will help you to move, copy or transfer your personal data to other IT
systems.
o If you request, we will supply you with the relevant personal data in CSV format.
Where it is technically feasible, you can ask us to send this information directly to
another IT system provider if you prefer.
Make a complaint to a Supervisory Authority
o If you are unhappy with the way we are processing your personal data, please let
us know by contacting us via the support services.
o If you do not agree with the way we have processed your data or responded to
your concerns, an alternative is to submit a complaint to a Data Protection
Supervisory Authority. Contact information for the Information Commissioner’s
Office, the UK’s independent authority setup to uphold information rights, is
available here: https://ico.org.uk/. The Isle of Man Data Protection Supervisory
Authority is the Isle of Man Information Commissioner, which can be reached at
https://www.inforights.im/.
9. DATA RETENTION
In accordance with data protection laws and good commercial practice, we do not retain
data in a form that permits identification of the person(s) to whom it relates for any
longer than is necessary.
10. CHILDREN
Livetree takes the protection of the personal data of children very seriously. In the event
that we learn that we have collected personal data from a child other than as intended in
accordance with this Privacy Policy, we will delete that information as quickly as possible.
11. SECURITY
Livetree will take commercially reasonable, appropriate technical and organisational
measures to ensure a level of security appropriate to the risk that could be encountered
via the use of our Service, taking into account the likelihood and severity those risks
might pose to your rights and freedoms.
In particular, we will take precautions to protect against the accidental or unlawful
destruction, loss or alteration, and unauthorised disclosure of or access to the personal
data transmitted, stored or otherwise processed by us.
Please be aware that, while we make the security of our Service and your personal data
a high priority, no security system can prevent all security breaches.
Unfortunately, the transmission of information via the internet is not completely secure.
We do our best to protect your personal data, but we cannot always guarantee the
complete security of your data transmitted through our Service; subject to applicable
law, the sharing of your personal data with us and any transmission of the data is at
your own risk.
12. INTERNATIONAL DATA TRANSFERS
The data we collect from you may be transferred to, and stored at, a destination outside
the UK, Isle of Man and/or European Economic Area (“EEA”). It may also be processed
by staff that operate outside the UK, Isle of Man and/or EEA and work for us or our
suppliers. These staff may be engaged in the fulfilment of your orders, the processing of
your payment details, the maintenance of the Service, and the provision of support
services. We will take all steps reasonably necessary to ensure that your data is treated
securely and in accordance with this Privacy Policy.
Where your personal data is transferred outside of the UK, Isle of Man and /or EEA to a
territory not subject to an adequacy decision by the UK Government and/or European
Commission, we have agreements in place with the relevant parties which include either
(i) standard data protection clauses adopted by the relevant data protection regulator
(including in the UK) and approved by the European Commission or (ii) standard data
protection clauses adopted by the European Commission and/or the UK Government, to
ensure that appropriate safeguards are used to protect your personal data, together with
other appropriate safeguards to protect your personal data. If you require more
information about these safeguards, you can contact us at [connect@livetree.com].
13. CALIFORNIA RESIDENTS & CCPA
If you are a California (USA) resident, as defined in Section 17014 of Title 18 of the
California Code of Regulations, you have certain rights in respect of the personal
information we hold about you.
If you have questions or concerns about our privacy policies and practices, please
contact us using the details set out at the end of this Privacy Policy.
Please see above for:
• the date on which this Privacy Policy was last updated (at the top of this Privacy
Policy);
• categories of personal information collected about you in the last 12 months (see
paragraph 2);
• categories of sources from which the personal information was collected (see
paragraphs 2 and 3);
• purposes for collecting personal information (see paragraph 3);
• categories of third parties with whom we share personal information (see
paragraph 5);
• categories of personal information we have disclosed within the last 12 months
(see paragraphs 2 and 5); and
• specific pieces of personal information we hold on you (see paragraph 2).
For the purposes of the CCPA, please be aware that (per the details above) we have
disclosed for business purposes, but we have not sold, your personal information to third
parties within the last 12 months.
You can designate an authorised agent to make a request under the CCPA on your
behalf. The authorized agent must submit proof that they have been authorized by you
to act on your behalf and provide proof of their own identity.
Where the CCPA applies, you have the right to:
• request access to your personal information;
• request deletion of your personal information; and
• not be discriminated against for exercising any of your rights under the California
Consumer Privacy Act of 2018 (CCPA).
To make a verifiable consumer request, please contact us by email at
[connect@livetree.com]. We may verify your request by asking for proof of identity, such
as your device ID and/or user ID.
14. CONTACT INFORMATION
All questions, comments or enquiries should be directed to Livetree at
[connect@livetree.com]. We will endeavor to respond to any query or questions within a
reasonable amount of time.