SOUND BORED DIGITAL LLC
Last Updated January 25, 2023
In this notice, “Service“ refers to the website at www.shilly.fm (“Website”), including the Shilly NFT holder’s portal (“The Studio”) accessible thereby, and any other service, media form, media channel, website, or mobile application related, linked, or otherwise connected to SBD, including the Shilly Discord server (each, a “Connected Property”, collectively, the “Connected Properties”), including any portion of the Service used for the purchase of blockchain-based non-fungible tokens (NFTs) owned or offered by SBD (each such NFT, a “SBD Digital Asset”).
It is important that you read this notice before accessing or using the Service so that you are aware of how and why we may use Personal Information relating to you. While operating the Service, we may share your data with partners we work with. Some of these partners are collectors of Personal Information independent of us and, therefore, independently determine how and why they process your information. For more information on these partners and the ways in which they may process your Personal Information, please refer to “For Which Purposes Will SBD Use My Personal Information?” below in this Policy. In addition to this Policy, we encourage you to carefully review our Terms of Service (available at https://www.shilly.fm/tos/ which govern your use of the Service.
As used herein, “Personal Information” means data that allows someone to identify you individually, including, for example, your name, email address, as well as any other non-public information about you that is associated with or linked to any of the foregoing.
- access SBD’s service;
- register on and use service;
- upload content through the service;
- make a purchase or payment through the service;
- interact with email communications;
- interact or view advertising through the service; or
- contact customer support.
This policy does not apply to the practices of companies that SBD does not own or control, or to individuals that SBD does not employ or manage.
- WHAT INFORMATION DO WE COLLECT?
Personal Information You Disclose to Us
In Short:We collect Personal Information that you provide to us and Non-Personal Information.
We collect Personal Information that you voluntarily provide to us when registering with the Service, expressing an interest in obtaining information about us or our products (i.e., NFTs, merch, and similar) and services, when participating in activities on the Service (such as posting messages in our online forums or entering competitions, contests, or giveaways), or otherwise contacting us.
The Personal Information that we collect depends on the context of your interactions with us and the Service, the choices you make, and the products and features you use. The Personal Information we collect can include the following:
- Personal Information.When you use our Service, update your account profile, or contact us, we may collect personal data from you, such as email address, first and last name, username, and other information you provide.
- Virtual Wallet Address. We also collect your virtual wallet address(es), which may become associated with Personal Information when you use our Service.
- Payment Data.We may provide you with the option to pay for purchases directly to us through the use of credit/debit cards or other electronic means (as opposed to by third-party means such as Apple, Google Play store, or other third-party providers in which your payment information is stored with such third-party). In such instances, we collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
- Social Media Login Data.We may provide you with the option to register using social media account details, like your Facebook, Twitter, or other social media account. If you choose to register in this way, we will collect the Information described in the section called "How Do We Handle Your Social Logins" below.
All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information.
Public Information Observed from Blockchains
We collect data from activity that is publicly visible and/or accessible on blockchains. This may include blockchain addresses, transaction hashes, and information regarding purchases, sales, or transfers of NFTs, which may then be associated with other data you have provided to us.
Information Collected via Technology
In Short: Some information — such as IP address and/or browser and device characteristics — is collected automatically when you visit the Service.
We automatically collect certain information when you visit, use, or navigate the Service. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use the Service and other technical information. This information is primarily needed to maintain the security and operation of the Service, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
- Online Identifiers.We collect devices; applications; tools and protocols, such as IP (Internet Protocol) addresses; cookie identifiers, or others such as the ones used for analytics and marketing; device's geolocation; and other similar data.
- Mobile Device Data.We may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address.
- Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamps, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Service, it will recognize you and the information can be used to personalize your experience.
- Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to analyze how users interact with our Service, make improvements to our product quality, and provide users with a more personalized experience.
Information Collected from Other Sources
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we may receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state, and country, user identification numbers for your contacts, profile picture URL, and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
- HOW DO WE USE YOUR PERSONAL INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use Personal Information collected via the Service for a variety of business purposes described below. We process your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
- To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third-parties to facilitate account creation and logon process for the performance of the contract.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the Personal Information you send to us for our marketing purposes if this is in accordance with your marketing preferences.
- Fulfill and manage your purchases. We may use your information to fulfill and manage your purchases made through the Service.
- Request Feedback. We may use your information to request feedback and to contact you about your use of the Service.
- To protect the Service. We may use your information as part of our efforts to keep the Service safe and secure (for example, for fraud monitoring and prevention).
- To enable user-to-user communications. We may use your information in order to enable user-to-user communication with each user's consent.
- To enforce our terms, conditions, and policies for business purposes, legal reasons, and contractual.
- To respond to legal requests and prevent harm. We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Interface. Additionally, if we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
- To deliver Service to the user. We may use your information to provide you with the requested service and to make sure you have the best possible user experience in the Service, including to:
- personalize your user experience on the Service based on your activity,
- provide you with offers and rewards on the Service based on your activity,
- where available, enable your gameplay across multiple devices (for example, by allowing you to connect a third-party account with the Service for that purpose),
- where available, provide social features (for example, clans, matchmaking, or leaderboards) or events on the Service, and
- send you service-related communications (for example, technical notices, security alerts, or administrative messages).
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of the Service.
To provide you with relevant ads in the Service. To fund the Service so that we can keep providing them to you, we may process your Personal Information to:
- show ads to you in the Service, either from us or our advertising partners,
- keep track of your activity in the Service to learn about your interests and improve the advertising in the Service,
- personalize, or allow our advertising partners to personalize, the ads you see in the Service to make them more relevant to you,
- request our advertising partners to show or not show our ads to you based on your activity (including by limiting the number of times you see our ads), or
- request our advertising partners to advertise the Service to audiences who they believe have interests similar to yours.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving the Service, products, marketing, and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end-users and does not include Personal Information.
In addition, we may process your Personal Information for additional purposes which are compatible with any of the purposes listed above.
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
- Consent: We may process your data if you have given us specific consent to use your Personal Information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes , such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your Personal Information in the following situations:
- Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third-parties to use tracking technology on the Service, which will enable them to collect data about how you interact with the Service over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, and better understand online activity. Unless described in this Policy, we do not share, sell, rent, or trade any of your information with third-parties for their promotional purposes.
- Blockchain Analytics Providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Service.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Service. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
- HOW DO WE HANDLE YOUR SOCIAL LOGINS?
In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
Our Service may offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter login) or associate the same with the Service. Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.
- MAY I OPT OUT OF TRACKING?
In Short: We do not currently have Do-Not-Track technology implemented into our system.
- WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.
- FOR HOW LONG DO YOU STORE MY PERSONAL INFORMATION?
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
- WHAT ARE THE STEPS YOU TAKE TO KEEP MY PERSONAL INFORMATION SECURE?
SBD endeavors to protect user information to ensure that your Personal Information is kept private. We use physical, managerial, and technical security measures to protect your Personal Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. In particular, we take steps to ensure that our employees and service providers who have access to your Personal Information only process it upon our instructions, unless otherwise required by law.
However, no measures are 100% secure, and unauthorized entry or use, hardware or software failure, and other factors may compromise the security of your Personal Information. To protect the security of your data, you need to select and protect your password appropriately and limit access to your computer and browser by signing off after you have finished accessing your account.
- HOW CAN I CONTACT YOU OR REQUEST AMENDMENTS TO MY PERSONAL INFORMATION?
Please send a detailed email to email@example.com describing your request. Be sure to include as much detail as possible such that we may provide a timely response. Upon receipt, provided we have no questions or concerns, we will make the requested changes within 72 hours, otherwise, we will contact you back with a request for additional information or clarification.
- WHAT ARE MY PRIVACY RIGHTS?
If at any time you would like to review or change the information in your account or terminate your account, you can log into your account settings and update your user account.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Service.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may access your account settings and update preferences.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your Personal Information.
If you are a California resident, please be aware that under the California Consumer Privacy Act of 2018, as amended (“CCPA”), you are entitled to receive specific information on how we process your data. You also have specific rights to your data, including:
- the right to opt-out of the sale of your Personal Information.
- Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
- Request that a business deletes any personal data about the consumer that a business has collected.
- Request that a business that sells a consumer's personal data, not sell the consumer's personal data.
To review this specific information and familiarize yourself with your rights under the CCPA, please visit the following link: https://oag.ca.gov/privacy/ccpa. To exercise your rights under CCPA, please email us at firstname.lastname@example.org with specific details of your request. Please note, if you make a request, we have forty-five (45) days to respond to you. If you would like to exercise any of these rights, please contact us.
Additionally, California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of Personal Information (if any) we disclosed to third-parties for direct marketing purposes and the names and addresses of all third-parties with which we shared Personal Information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
Our Terms of Service require all users to be of the age of majority in the jurisdiction which governs their use of the Service. In the United States, the age of majority is 18. No one under 13 may access or use the Service. Minors who are at least 13 years old but are under such age of majority may use a parent or guardian’s Service account, but only with the involvement of the account holder. We do not intentionally gather Personal Information from visitors who are under the age of 13. If we learn that the Personal Data 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 13, please contact us at the address indicated in Section 16 below.
- USERS OUTSIDE OF THE UNITED STATES
- HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may contact by email at email@example.com or by post to:
Sound Bored Digital LLC
105 Grand Ave #3E
Brooklyn NY 11205