Privacy Policy

Last Revised on November 7, 2024

PRIVACY POLICY

Last Revised on November 7, 2024

This Privacy Policy describes how Erth.AI Inc. (“Company”, “we”, “us” “our”) collects, uses and discloses information about users of our websites (including those at Erth.ai, poker.erth.ai, BasketBlitz.io) (collectively, the “Websites”) and the applications (collectively, the “Apps”) that we may make available from time to time through third-party platforms or services, such as Discord (collectively, the “Third-Party Game Platforms”), the games comprising a part of the Websites or Apps (Including Erth.ai Poker) (collectively, the “Games”), however accessed and wherever played, and any other game experiences, applications, services, content, tools, features, and functionality made available on or through our Websites or the Apps (collectively, the “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as the user of the Services.

Please read this Privacy Policy carefully. By using, accessing or using any of the Services, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access or use any of the Services.

1. UPDATING THIS PRIVACY POLICY

We may modify this Privacy Policy from time to time in which case we will update the “Last Revised” date at the top of this Privacy Policy. If we make material changes to the way in which we use information we collect, we will use reasonable efforts to notify you and take such other steps as required by applicable law. If you do not agree to any updates to this Privacy Policy, please do not access or continue to use the Services.

2. COMPANY’S COLLECTION AND USE OF INFORMATION

When you access or use the Services, we may collect certain categories of information about you from a variety of sources, including the Third-Party Game Platforms.

Some features of the Services may require you to directly enter certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services may include:

  • The following contact information: email address and Third-Party Game Platform username and profile picture (e.g., Discord Tag and Avatar). We collect your email address and Third-Party Game Platform username and profile picture in order to communicate with you through the Services and through the applicable Third-Party Game Platforms.
  • The following account information: username and password. We collect account information to maintain and secure your account with us. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately.
  • Any other information you choose to include in communications with us, for example, when sending a message through the Services, whether initiated on a Website, App, or Third-Party Game Platform or in a Game, however accessed and wherever played.

We also automatically collect certain information about your interaction with the Services (“Usage Data”). To do this, we may use cookies, web beacons/clear gifs and other geolocation tracking technologies (“Tracking Technologies”). Usage Data includes:

  • IP address
  • Geolocation
  • Device type, such as your phone, computer, or tablet
  • Browser type
  • Date and time stamps, such as the date and time you first accessed the Services
  • Operating system
  • Log data
  • Other information regarding your interaction with the Services, such as clickstream data and ad impressions

We use the information we collect automatically to tailor features and content to you, to market to you, to improve the Services and to run analytics and better understand user interaction with the Services.

In addition to the foregoing, we may use any of the above information to comply with any applicable legal obligations, to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

3. HOW THE COMPANY SHARES YOUR INFORMATION

The Company may share your information with third parties for legitimate purposes subject to this Privacy Policy in the following circumstances:

  • With vendors or other service providers, such as for: Error-logging (e.g., Sentry), Data analytics (e.g., Google Analytics), Know-your-customer and anti-money laundering purposes (e.g., Chainalysis), Security services (e.g., Cloudflare), Cloud storage (e.g., Amazon Web Services)
  • With our affiliates or otherwise within our corporate group
  • To comply with applicable law or any obligations thereunder, including cooperation with law enforcement, judicial orders, and regulatory inquiries
  • In connection with an asset sale, merger, bankruptcy, or other business transaction
  • To enforce any applicable terms of service
  • To ensure the safety and security of the Company and/or its users
  • When you request us to share certain information with third parties, such as through your use of social media widgets or login integrations
  • With professional advisors, such as auditors, law firms, or accounting firms

4. COOKIES AND OTHER TRACKING TECHNOLOGIES

Do Not Track Signals

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visithttp://www.allaboutdnt.com/.

Cookies and Other Tracking Technologies

Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including any portal features and general functionality, to work incorrectly.

To opt out of tracking by Google Analytics, please email us at privacy@erth.ai.

If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

5. USER GENERATED CONTENT

Certain features of the Services may allow you to upload content (e.g., titles, descriptions, images, and prompts) (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Services, your UGC will be considered “public” and will be accessible by anyone, including the Company.

Please note that we do not control who will have access to the information that you choose to make available to others, and we cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them on such platforms. We are not responsible for the accuracy, use or misuse of any UGC that you disclose or receive from third parties through the forums or email lists.

6. SOCIAL NETWORKS AND OTHER THIRD-PARTY WEBSITES AND LINKS (INCLUDING WALLET EXTENSIONS)

We may provide links to websites or other online platforms, including third-party social networking platforms, such as Twitter, Discord, or Medium, operated by third parties (such platforms are “Social Networks”). If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share or post on Social Networks, may also be accessible or viewable by other users of the Services and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services. Any information submitted by you directly to these third parties, by interacting with Social Networks or through the use of third-party wallets to conduct transactions on the Platform is subject to that third party’s privacy policy. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties, including Social Networks, or arising from the use of third-party wallets.

7. CHILDREN’S PRIVACY

Children under the age of 13 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children under 13 years of age. If you are the parent or guardian of a child under 13 years of age who may have provided us with their personal information, please contact us using the information in Section 11.

8. DATA SECURITY

Please note that any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you transmit to us you do so at your own risk.

9. CALIFORNIA PRIVACY RIGHTS

Sharing for Direct Marketing Purposes

We do not share personal information as defined by California Civil Code Section 1798.83 (“Shine the Light Law”) with third parties for their direct marketing purposes.

Not Intended for Users Under 13

Children under the age of 13 are not permitted to use the Services. Children 13 years of age or older, but less than 18 years of age, or the age of majority in the applicable jurisdiction, whichever is higher, may only access and use the Services with the express consent of a parent or legal guardian. If the Company learns that someone under the age of 13 violates this rule and improperly registers to use or uses the Services, or if the Company learns that someone 13 years of age or older, but less than 18 years of age, or the age of majority in the applicable jurisdiction, whichever is higher, violates this rule and improperly registers to use or uses the Services without the express consent of a parent or legal guardian, the Company reserves the right to take any and all corrective action, including by making reasonable good faith efforts to block such person’s account or remove the post from prospective public view or anonymize it so the minor cannot be individually identified. In addition, any California resident under the age of 13 who violates this rule and improperly registers to use or uses the Services, or 13 years of age or older, but less than 18 years of age, or the age of majority in the applicable jurisdiction, whichever is higher, violates this rule and improperly registers to use or uses the Services without the express consent of a parent or legal guardian, and in either case posts content or information on the Services may self-report such violation and request that such information be removed from the Services by contacting us at the e-mail or address set forth in the “How to Contact Us” section below. Such request must state that they personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the user’s account or post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

10. INTERNATIONAL USERS

We are based in the United States. If you access the Services from outside the United States, we want to remind you that our handling of information about you will be subject to United States data privacy laws.

11. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Policy, please email us at privacy@erth.ai.

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