1. Definitions

Company (the)
Vertikal LLC (CHE-456.008.300), c/o F Trust AG, Bahnhofplatz, 6300 Zug, Switzerland. The Company is not and will not be a regulated entity by the FINMA or any other authorities. The Company qualifies as the data controller;

Consent
‍Any freely given, specific, informed and unambiguous indication of which the Data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of Personal data relating to him or her;

Cookie(s)
‍A piece of information that is placed automatically on your computer’s hard drive when you access the Website. The Cookies uniquely identifies your browser to the server. Cookies allow the Company to store information on the server and the User’s preferences, to help make the Website experience better for you and to conduct website analysis and performance review; 

‍Data subject
‍The natural or legal persons whose data are processed. See also the User.

‍DPA
‍Data Protection Act or “DPA” (SR 235.1);

‍Newsletter(s)
‍Newsletter as depicted on the Website;

‍Personal data
‍Any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly;

‍Privacy Policy
‍The present document. The Privacy Policy is an appendix of the TOU; 

Process
Any operation with Personal data, irrespective of the means applied and the procedure, and in particular the collection, storage, use, revision, disclosure, archiving or destruction of data;

‍SR
‍Swiss Systematic Register; 

‍Terms of Use (TOU)
The terms of use of the Website as available here www.vertikal.art/vertikal-metaverse-terms-of-use-v2 present document and its appendix; 

Third-Party
Any legal or natural who is not a User;

User or You(r)
Any legal or natural person using the Website or its services. See also, Data subject; 

Vertikal
See (the) Company when not specified or implied otherwise;

Website (the)
www.vertikal.art including all its affiliated domains; including but limited to vertikal.art, store.vertikal.art, mint.vertikal.art, vertikalmetaverse.com, vertikal-metaverse.com, vk.fish and vertikal.eth;

Website Owner
See (the) Company. 

Whitepaper
If not specified, the latest version of the Whitepaper of the Vertikal project.

2. Applicable law & jurisdiction

The Privacy Policy follows the same applicable law & jurisdiction as mentioned and provided for in the TOU. 

In particular, the Swiss Data Protection Act or “DPA” applies and constitutes the preferred choice of regulation of the Data subject. 

3. Acceptation of the User

3.1 Privacy Policy

You tacitly and/or expressly consent to be bound by this Privacy Policy by browsing the Website, by subscribing to our Newsletter(s) and/or by contacting us, by checking the box where you signify that you are accepting the Privacy and Cookies policy. By doing so, you acknowledge that you have read and understood the Privacy Policy and agree to be bound by it, and to comply with it. 

Further, a more explicit form of consent is given once you tick the box in the pop-up window which appears upon your first visit. Any other form of consent is possible and reserved.

If you do not agree, you should refrain from using the Website. 

By giving your consent, you confirm that your level of English is sufficient to understand the meaning of the Privacy Policy as well as all the commitments, warranties, waivers and obligations contained therein. 

3.2 Processing of Personal data

Users acknowledge that the Company may collect and process a certain number of Personal data that relate to them and that they have read and understood this document and agree to be bound by it and to comply with all applicable laws and regulations.

By accepting the Privacy Policy, you provide a tacit and/or explicit Consent for the Processing of your Personal data as expressed in the present document by the Company. Besides Consent, other justifications (art. 13 DPA) can exist for the processing of your personal data such as, but not exclusively: the conclusion of a contractual relationship, and/or the existence of a private or public interest. 

For instance, the explicit Consent for the Processing of Personal data is given once a User ticks the box in the pop-up window. The Consent is also given when the Users freely submit to the Company Personal Data (e.g. by sending an email). 

You may revoke your Consent at any time and for any use of your Personal data by the Company. Please note that the withdrawal of your Consent will not affect the lawfulness of the Processing of your Personal data based on your Consent before its withdrawal.

You may deactivate the use of Cookies by selecting appropriate parameters on your device. However, deactivation of this kind might prevent the use of certain functions of the Website.

3.3 Transfer of personal data to a Third-party
and in case of cross-border transfer

Unless we have your permission or are compelled by law, we will not sell, distribute, or lease your personal information to other parties. 

The Company however may use the services of Third-party service providers, hence enabling them to process User’s Personal data. You hereby consent to the processing of the data by those Third-party, which are:

• The entities from the Vertikal ecosystem as presented on the Website and in the Whitepaper;
• Google Inc. when the Company use the data in the context of Google’s analytics and drive services; 
• MailChimp in the context of the Newsletter services; 
• Sendinblue in the context of the Newsletter services;
• Facebook (Meta); 
• Shopify (shopify.com); 
• Digital Ocean (Digitalocean.com); 
• LinkedIn ; 
• The Company may share your Personal data to any other relevant Third parties, in particular if We are requested to do so to comply with a court order or law enforcement authorities request, or if We find it necessary, as determined in the Company’s sole discretion, to investigate, prevent or take action regarding illegal activities, to defend our interest or as otherwise required or permitted by law.
  ‍

Unless otherwise stated, the Third parties who receive data from the Company are prohibited to use this Personal data beyond what is necessary to the goals stated below and to provide Vertikal’s product or service to You, directly or by participating in the Company’s activities.

In any case where cross-border transfer occurs, the Company ensures that an adequate protection is guaranteed for Personal data to be transferred outside of Switzerland and the European Economic Area. In some specific cases when this level of protection is not guaranteed, the Company will obtain your prior Consent or establish a contractual framework or sufficient safeguards that ensure an adequate level of protection abroad. 

3.4 Subscription to the Newsletter

By subscribing to the newsletter on the Website, you consent to receive Vertikal’s marketing material, advertising and latest news about the Company and the Vertikal ecosystem overall. 

If you no longer wish to receive our emails, you may cancel your subscription at any time by following the ad hoc link in the newsletter or notifying us that you wish to terminate your subscription.

4. Information collected

The following information and Personal data are collected by the Company: 

• Email address(es); 
• Name(s)
• Nationality(ies);
• Cellphone number; 
• Domicile Address(es); 
• Wallet address(es) (Pkey);
• Data regarding your location; 
• IP Address(es);
• Date(s) and time(s) of connection the Website;
• Place(s) of consultation of the Website;
• Time spent on the Website;
• Language settings and preferences;
• Data about the pages from the Website visited;
• Links you click on the Website;
• Features or services available on the Website;
• From which origin the User arrives on the Website;
• Device used.

You can limit what and how your information is collected and used by changing the collected data transferred in the option settings. If this option is nonexistent or you wish to modify the collection further you may contact us at any time by emailing us (see contact section). 

Unless we have your permission or are compelled by law, we will not sell, distribute, or lease your personal information to other parties. If you believe any information we have on you is outdated or incomplete, please email us at the above address as soon as possible. Any information that is determined to be incorrect will be corrected as soon as possible.

5. Goals of the processing

The goals justifying the processing of your Personal data are the following: 

• To improve your browsing experience on the Website and to make it informative, personal and as user friendly as possible;
• To develop statistics from your use of the Website, to conduct analysis and improve the Website;
• To offer you a new or complementary services and products by developing the marketing on the Website; 
• To keep internal records;
• In addition, the following goals might be pursued in specific cases: 

• To manage and provide you with services or information in view of an existing or potential contractual relationship with the Company or in the context of a claim; 
• When you acquired a token from the Vertikal ecosystem, for tax purposes (e.g. VAT) to verify that the country of residence of the recipient (buyer) is outside Switzerland; 
• If you opted-in to the Newsletter(s), to provide you with marketing, advertising, promotional offers, and other news relating to Vertikal; 

6. Security

Pursuant to art. 7 DPA; the Company has put in place appropriate physical, technological, and administrative systems to safeguard and secure the information we collect online in order to prevent unauthorized access or disclosure. 

You agree that the Company may store your Personal data in any country of the EEA, including Switzerland. 

The storage as well as the Processing of your Personal data may require that your Personal data are ultimately transferred to, and/or stored at a destination outside of your country of residence, notably Switzerland. Where permitted by law, by accepting the terms of this Privacy Policy, you agree to such transferring, transmission, storing and/or Processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.

7. Cookies

The Website uses cookies. You have the option of accepting or declining the use of cookies. Most web browsers allow cookies by default, however you can typically change your browser's settings to reject cookies if you prefer. This may however prohibit you from fully utilizing the website.

Please note that Third Parties may also use cookies, over which we have no control.

8. Access to your Personal data

You have the right to request access to or information about the Personal data relating to you which are processed by the Company.

Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal data; (ii) oppose the data Processing; (iii) limit the use and disclosure of your Personal data; and (iv) revoke Consent to any of our data Processing activities, if the Company is relying on your Consent and does not have another legal basis to continue Processing your data.

These rights can be exercised by sending us an email, attaching a copy of your ID. 

The request is free of charge unless we believe your request to be unfounded or excessive. In such a case, the Company may charge you a reasonable request fee.

The Company may refuse, restrict or defer the provision of Personal data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

9. Portability of your Personal data

You have the right to retrieve your Personal data, which you have provided to the Company with, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Company.

These rights can be exercised by sending us an email, attaching a copy of your ID. 

The request is free of charge unless we believe your request to be unfounded or excessive. In such a case, the Company may charge you a reasonable request fee.

The Company may refuse, restrict or defer the provision of Personal data where it has the right to do so, for example if fulfilling the request will adversely affect the rights and freedoms of others.

10. Deletion of your Personal data

You have the right to request for the deletion of your personal data in our possession if you no longer require our services.

This right can be exercised by sending us an email, attaching a copy of your ID. 

The request is free of charge unless we believe your request to be unfounded or excessive. In such a case, the Company may charge you a reasonable request fee.

11. Severability

If any provision of this document is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. Modification

The Company reserves the right to amend this policy at any time. You should revisit this page periodically to ensure that you are satisfied with any changes. By using this Website, you are expected and responsible for reviewing this Privacy policy on a regular basis.

If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it.

13. Contact & notices

Any notices intended for You will be sent to the email address you provided if you did indeed provide one.

All notifications in connection with the present contract may be made public by way of publication on the Website. Information appearing on the Website shall be deemed to have been notified and accepted within 30 days of its publication.

Notices to the Company shall be sent by email to CONTACT@VERTIKAL.ART