Effective date: June 28, 2021
At Virtual Rights Management, LLC (“we,” “us” or “ARIA”), we respect your privacy and are committed to protecting it. References herein to “We”, “us” or “ARIA”, “The ARIA Network” and “ARIA Exchange” refer to a suite of websites, apps and software platforms operated under the brand name “ARIA” by Virtual Rights Management, LLC
This privacy notice has been drafted to explain how ARIA collects, uses, discloses, and protects information that we collect about you and your rights with respect to that information.
1. This privacy notice covers information we collect from or about you when you give it to us, use any website under the ARIA brand name, including The ARIA Network or the ARIA Exchange NFT marketplace and any related services and functionalities (collectively, the “Platform”) (whether through the website or any application or other service), or interact with us or our advertisements in any other manner. It also covers information that we may receive from other persons or companies who have received your information and can share it with us.
2. What information we collect
We may collect the following types of information about you, which we have grouped together as follows:
- Identity Information. Examples include first name, last name, marital status, title, date of birth and gender.
- Contact Information. Examples include billing address, shipping address, email address and telephone numbers.
- Financial Information. Examples include payment card details, purchase transaction details, and transaction authentication details.
- Transaction Information. Examples include details about payments to and from you and other details of products and services you have purchased from us or otherwise via the Platform.
- Technical Information. Examples include internet protocol (IP) address, your login information, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Platform.
- Profile Information. Examples include your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Information. Examples include information about how you use the Platform, and/or products and services made available on the Platform.
- Marketing and Communications Information. Examples include your preferences in receiving marketing from us and other third parties and your communication preferences.
- Demographic Information and Preferences. Examples include personal characteristics and preferences, such as your age, marital and family status, number of children, shopping preferences, income level, languages spoken, loyalty and rewards program information, household demographic data, data from social media platforms, education and professional information, hobbies and interests and propensity scores from third parties (likelihood of purchase, experiencing a life event, etc.).
Some of the information we collect about you may be personal information, or personal data, that can be used to identify you including, for example, your name, email address, mailing address or delivery address. In some jurisdictions, certain unique identifiers like IP addresses and other usage or technical information may be considered personal information. Personal information does not include data where your identity has been removed so that it can no longer be used to identify you (anonymous data), which we may use for any purpose permitted by applicable law.
3. Children’s online privacy
The Platform is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Platform. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Platform or through any of its features, use any of the interactive or public comment features of the Platform, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using the Contact Us information below.
4. How we collect your information
We collect information from and about you in the following ways:
- When you provide it to us. You may give us information about you by filling in forms or by communicating with us by email or otherwise. This includes information you provide when you register for an account, subscribe to one of our communications, enroll in a loyalty program, place an order, participate in one of our events, write a review, or when you otherwise contact us about our Platform, products, or services.
- From our Platform and emails. As you interact with our Platform and use our cookies, or our emails, we may automatically collect Technical Information about your equipment, browsing actions and patterns. We collect this information by using cookies, server logs, web beacons, and other similar technologies. Our Cookies and automatic data collection technologies section contains more information and options to control or opt-out of certain data collection or uses.
- From others. We may receive information about you from third parties including, for example, our affiliated companies, business partners, subcontractors, analytics providers, and service providers. We may also receive information about you from commercially available sources such as data aggregators and public databases.
5. Cookies and automatic data collection technologies
The Platform uses automatic data collection technologies to distinguish you from other Platform users. This helps us deliver a better and more personalized service when you use the Platform. It also allows us to improve the Platform by enabling us to:
- Estimate our audience size and usage patterns.
- Store your preferences so we may customize the Platform according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Platform.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). For more information, see the Interest-based advertising section of this privacy notice.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of the Platform may use Flash cookies (local stored objects) instead of browser cookies to collect and store information about your preferences and navigation to, from, and on the Platform. For information about managing Flash cookies see Your rights and choices.
- Web Beacons. Our website pages, advertisements, and e-mails may contain small transparent embedded images or objects known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording website content popularity or verifying system and server integrity. For information about managing web beacons, see Your rights and choices.
We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.
6. How we use your information
We may use your information to conduct our business operations including for the following purposes:
- To create and manage your account.
- To provide you with products and services you request or purchase from us.
- To allow you to enter a promotion or other program that we may offer.
- To conduct market research.
- To develop and provide advertising tailored to your interest and to determine the effectiveness of our advertising.
- To provide you with the information or support that you request from us, including to send you newsletters.
- To improve the Platform, products or services, marketing, customer relationships, and experiences.
- To develop new products and services.
- To notify you of special offers, discounts, updates, and products and services that we think may be of interest to you. To learn more about your choices with regards to these communications see Your rights and choices.
- To provide you with the information, products, services or support that you request from us or to fulfill any other purpose for which you provide it.
- To deliver relevant content, advertisements, and messaging to you and to measure or understand the effectiveness of such content, advertisements, and messaging.
- To make suggestions and recommendations to you about our own and third-parties’ products or services that may be of interest to you. If you do not want us to use your information in this way or for more information on how to adjust your preferences, see Your Rights and Choices.
- To carry out our obligations and enforce our rights and to protect the Platform, our customers, and other individuals including to protect against or identify possible fraudulent transactions.
- For any other purpose as may be permitted by law or that we describe when you provide the information.
As further described above in What information we collect, we may use information that is not personal information for any purpose permitted by applicable law. For example, we may aggregate usage data from many people in a way that does not identify any individuals to calculate the percentage of users accessing a feature on the Platform.
7. Disclosure of Your Information
We may share non-personal information without restriction. We may share your personal information with:
- Any member of our corporate group, which means our subsidiaries, affiliates, our ultimate holding company and its subsidiaries, and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To our business partners who provide services on our behalf but who may also use the information we provide for their own commercial purposes. For example, some of our advertising partners may use information to market other parties’ products and service to you. For more information see Interest-based advertising.
- To public or government (including enforcement) authorities.
- To an actual or prospective buyer or other successor in the event of merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, where one of the transferred assets is the personal information we hold.
- If we offer a co-branded promotion, to our co-sponsor.
- To fulfill the purpose for which you provide it.
- For any other purpose as may be permitted by law or that we describe when you provide the information.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- To protect the rights, property, or safety of our business, our employees, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of cybersecurity, fraud protection and credit risk reduction.
- To investigate suspected violations of any law, rule or regulation, or the terms or policies for the Platform.
For this reason, keep in mind, you can block the collection and use of information related to you by advertising companies for the purpose of serving interest-based advertising by visiting the following platforms of self-regulatory programs of which those companies are members:
9. Third Party Content, Apps, and Links
Some content or applications on our websites may be served by third parties, content providers and application providers including the following:
- User Content. The Platform may allow you to upload your own content to public areas of the Platform. Any information you submit becomes public information, and we do not control how others may use the content you submit. We are not responsible for uses that may violate our privacy notice, the law, or your intellectual property rights.
- Third-party links. The Platform may contain links to other sites, which we do not control. Those websites have their own privacy policies and terms.
10. Your Rights and Choices
Your rights may vary depending on where you are located. We have created mechanisms to provide you with the following control over your information.
- Marketing. If you do not want us to use your email address or other contact information to promote or recommend our own products and services, or third parties’ products or services, you can opt-out by checking the relevant box located on the form where we collect your contact information (if available) or, if presented with the option to opt-in, do not opt-in. If you have an account with the Platform, you may be able to log in and check or uncheck relevant boxes. If you do not have an account, you can adjust your preferences by contacting us as set forth below in the Contact Us section. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message. This opt-out may not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
- Accessing, Updating and Deleting Your Information. If you have an account with us, you may have the ability to access your information and make updates to or delete your data. If not, you can contact us as set forth in the Contact Us section below to request access to, correction of, or deletion of personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or negatively affect the information’s accuracy.
- Interest Based Advertising. Please see Interest-based advertising above for information on how to opt-out of interest-based advertising.
- California Residents. If you are a California resident, you may have additional rights and choices with regard to your personal information. Please see Your California privacy rights for more information.
- Nevada Residents. If you are a Nevada resident, please see our Nevada privacy section below for more information on our information practices.
- European Economic Area (EEA) or United Kingdom (UK) Residents. If you are located in the EEA or UK, please see our European privacy section below for more information on our information practices.
11. Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
12. Your California privacy rights
The California Consumer Privacy Act of 2018 (“CCPA”) requires us to provide the following notice to California residents.
This notice does not apply to employment-related information of California-based employees, job applicants, contractors, or similar individuals. Where noted in this notice, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B information”) from some of its requirements.
A. Information we collect
The information we have collected about California residents in the last 12 months is described in What information we collect above. That information corresponds with the following categories of personal information under the CCPA:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
In the last 12 months, we have collected personal information from the sources described in How we collect your information above.
B. Use of personal information
In the last 12 months, we have used your personal information for the business and commercial purposes described in How we use your information above.
C. Sharing of personal information
The business and commercial purposes for which we have shared your personal information in the last 12 months are described above in Disclosure of your information.
D. Your right to know
You have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your personal information over the past 12 months. Once we verify your request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide access rights to B2B information.
E. Your right to obtain a copy of your personal information
You have a right to obtain a copy of the specific pieces of personal information we collected about you (also called a data portability request). Once we verify your request, we will provide you a copy of your personal information that is responsive to your request.
We do not provide portability rights to B2B information.
F. Your right to delete your personal information
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We do not provide deletion rights to B2B information.
G. Your right to opt-out of sale of your information
We may share information with third parties in a way that is considered a “sale” under the CCPA. Where that is the case, we will comply with California “Do Not Sell” requirements.
H. How to exercise your CCPA rights
To exercise your right to know, right to obtain a copy, or right to delete your personal information as described above, please submit your request to us by email.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time.
I. How we verify requests and respond to requests
Before fulfilling your request, we take steps to verify you are who you say you are or that you have authority to act upon someone else’s behalf. Therefore, upon receipt of your request, we will request additional information that we need to verify you and, if you are submitting a request on behalf of someone else, to verify that you are permitted to act on that person’s behalf.
When we contact you to request verification information, please respond and provide the information that we have requested. Depending on the nature of the request you make, we may require you to verify your identity to either a reasonable degree of certainty or high degree of certainty. This may mean that we need to match two or three pieces of information that we hold about you with information that you provide to us. In some cases, we may require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request or that you are authorized to make the request on behalf of someone else.
In addition to providing the information we need to verify you or your authority, you must provide us with enough information so that we can understand, evaluate, and respond to your request. We cannot respond to your request or provide you with personal information if we cannot confirm the personal information relates to you.
We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request and to locate relevant information. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and to understand, evaluate, and respond to your request.
We cannot delete personal information in those situations where our retention is required for our own internal business purposes or otherwise permitted by the CCPA (such as fraud prevention or legal compliance). In these situations, we will retain your information in accordance with our records retention program and securely delete it at the end of the retention period.
J. Who may submit requests?
Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may also make request on behalf of your minor child. You may designate an authorized agent to make a request on your behalf by registering such person or entity with the California Secretary of State.
K. How often you can submit requests?
You may make a CCPA consumer request twice within a 12-month period.
L. Response timing and format
We make every attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. When you request a copy of your personal information, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity easily.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. You have a right not to receive discriminatory treatment by us for exercising your privacy rights.
N. Other California privacy rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email.
13. Nevada privacy rights
Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we do not have plans to sell this information.
14. European privacy rights
Privacy Rights. If you are located in the European Economic Area or United Kingdom, you may have the following rights:
- A right to lodge a complaint with the supervisory authority where we process your information in a way that does not comply with the laws and regulations.
- A right of access to information undergoing processing. We may charge a reasonable administrative fee if further copies of your information are requested.
- A right to rectify inaccuracies in information we collect and hold about you.
- A right to require your information to be provided to you or to another company in a commonly used electronic form.
- A right to object to specific types of processing such as direct marketing, processing based on legitimate interest, or processing for research or statistical purposes.
- A right to have your information ‘erased.’
- A right to temporarily restrict processing of information, for example if you believe the information is inaccurate or being used illegally.
- A right to withdraw your consent for future processing.
If you want to exercise or request more information about one or more of the above rights, you can contact us using the contact information listed in Contact us below.
Legal Bases for Processing Your Information. We collect and use information about you pursuant to applicable law, contractual obligations, and with transparency and fairness. The legal basis for processing depends on the products or services you use and how you use them. We rely on the following lawful grounds:
Consent. Where appropriate or legally required, we collect and use your information subject to your consent. When information is collected under this basis, we only collect information about you that you provide to us.
Performance of contract. We collect and use information about you to enter into a contract with you or to perform a contract that you have with us.
Legitimate interests. We collect and use information about you for our legitimate interests, for example to deliver the products and services that you request, to market the products and services that you request, and to optimize your experience with our products and services.
Compliance with laws. We may also collect and use information about you: (i) as required by law, such as to comply with a subpoena or similar legal process, (ii) when we believe in good faith that disclosure is necessary to protect our rights or property, protect your health and safety or the health and safety of others, investigate fraud, or respond to a government request, or (iii) if we are involved in a merger, acquisition, or sale of all or a portion of its assets.
We may use personal information about you in automated decision making or profiling to the extent consistent with the permitted uses described in this privacy notice.
15. Changes to our privacy notice
We will post any changes we may make to our privacy notice on this page. If the changes materially alter how we use or treat your information we may notify you by email to the primary email address specified in your account (if you have an account with us) and/or through a notice on the Platform. The date the privacy notice was last revised is identified at the top of the page. You are responsible for ensuring that we have an up-to-date email address for you and for periodically visiting the Platform and this page to check for any changes.
16. Contact Us
If you have any comments or questions about our privacy notice, please use our Contact Us page to reach out to us.