PiKNiK: Privacy Policy
Privacy Policy
Introduction:
PiKNiK & Company, Inc., a Delaware corporation, and its affiliates, successors and assigns (collectively, “us,” “we,” “our” or “PiKNiK”) respects the privacy rights of you (“you” or “your”) the user of www.piknik.com, www.piknikinc.com or www.filecoinmining.com websites, any of the subpages and all PiKNiK applications, consoles or interfaces (collectively, “Site”). This privacy policy (“Privacy Policy”) is only applicable to the Site, and not to any other websites or applications that you may be able to access from the Site, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. By using the Site or our services or products we offer through our Site (including, without limitation, our “MaaS” offering, “STaaS” offering, “Migrated Miner” service, “PiKNiK Basket” Service, “Data Ingestion” service, data storage services or similar or additional products, platforms or services) and all applications providing access, control, notifications or updates relating to same (collectively, the “Services”), you agree to the terms of this Privacy Policy.
We never knowingly collect or maintain information from those we know are under 18 years old, and no part of our Site or the Services rendered in connection therewith is directed at or structured to attract anyone under 18 years old. Visitors younger than 18 years of age may not use the Site or the Services rendered in connection therewith.
IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY OR OUR TERMS & CONDITIONS (HTTPS://WWW.PIKNIK.COM/LEGAL), YOU MAY NOT ACCESS OR OTHERWISE USE OUR SITE OR USE OUR SERVICES.
Information Collected Through Our Site:
Personal Information Collected. In order for you to access certain Services that we offer via the Site or to join our waitlist, we require you to provide us with certain information that personally identifies or may reasonably identify you (“Personal Information”). Personal Information includes without limitation your name, mailing address, country of residence, phone numbers, e-mail address, billing address, credit card information, and any other information that you provide us.
Notwithstanding the above, Personal Information does not include information that is collected anonymously (i.e., Traffic Data and other information without identification of the individual user) or demographic or use information not connected to an identified individual.
Traffic Data Collected. We may automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; and (4) types of web browsers used to access the Site (collectively “Traffic Data”). Traffic Data is anonymous information that does not personally identify you. We may use it for marketing purposes and to improve your experience on the Site.
How Information and Data is Used:
We may use your Personal Information in a variety of ways including, but not limited to:
- Fulfill the reason(s) you provided the information (e.g., to add you to our waitlist or process invoices);
- Administer our Services;
- Respond to emails or online requests regarding our Services;
- Deliver and process surveys to enrich our Services;
- Personalize and improve the usability of our Site and provide IT support in connection to our Services;
- Develop, research, test, analyze our Services for us to improve our Services or develop new services;
- Tailor content, advertising and marketing, including on behalf of our affiliates;
- Share with third parties as required by law and to pursue legal matters;
- Properly administer our Site and conduct audits;
- Maintain our internal record keeping as required by law;
- Create, maintain, customize and secure your account with us;
- Ensure content from our Site and Services are properly delivered to your device; and
- Keep our Site secure and protect our Site from malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity.
Cookies and Other Tracking Technologies:
Cookies and web beacons are very small text files that are stored on your computer when you visit certain web pages. PiKNiK collects user and use information through cookies and web beacons about your web browsing activities such as the address of the page you are visiting, the address of the referrer page you previously visited, the time you are viewing the page, your browsing environment, and your display settings. We may use cookies and web beacons to:
- Understand traffic patterns and the number of visitors to the Site and other non-PiKNiK websites that we may partner with;
- Understand how you use and interact with the Site;
- Provide customer service management and IT support;
- Plan and improve Services;
- Optimize your experience on our Site or your use of our Services;
- Provide non-Personal Information auditing, researching, modeling, and reporting for our advertisers and other partners;
- Provide you relevant advertisements and content; and
- Properly manage our Site and Services provided in connection therewith.
Please note that some cookies may be placed by a third party service provider who performs some of these functions for us. Third party service providers use of their cookies is subject to their own privacy policies, and not this Privacy Policy.
The types of cookies we use include without limitation:
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Strictly necessary cookies that are required for the operation of our Site, such as cookies that enable you to log into your account or cookies that enable us to comply with the law (for example, to keep your information safe). We would not be able to operate our Site without using “strictly necessary” cookies.
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Performance cookies which recognize and count the number of users to our Site and help us see how users move around and interact with our Site. These cookies do not collect information that personally identifies a visitor. We only use such information to improve our Site and for our marketing research and development purposes. This information helps us to find out how well our Site is working and highlights where it can be improved.
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Functionality cookies which are used to recognize when you return to our Site and assist us to personalize your content and Site experience by remembering your preferences. By using our Site, you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings.
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Marketing cookies which are used to help to deliver more relevant advertisements to users on our Site, based on their interests. These may be placed by us directly, or by our advertising partners. These cookies help to deliver a more personalized Service to our users, and remove unwanted advertisements. They're also used to limit how many times users see an ad.
If you are concerned about cookies, most browsers permit individuals to decline cookies. A user refusing cookies may limit your ability to take advantage of all the features and Services we offer on the Site.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Site may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
Sharing of Personal Information:
We may disclose information we collect about you with other third parties, including without limitation to:
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Service Providers - PiKNiK may share your information with third parties that help us to maintain and operate our Site and to provide our Services. Our service providers include without limitation our payment processors, internet service providers, data analytics providers, marketing and customer survey providers, and operating systems providers to provide back-end services related to our Services. These third parties may only use such information to perform specific Services that we have contracted with them for and may not use it for any other purpose.
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Affiliates- We may share information with our affiliates and partners, or to their employees, agents, contractors, representatives, legal counsel and/or accountants, for: operational, management and administrative purposes; internal audit, legal, regulatory, security, insurance, financial, processing and other similar purposes; or as otherwise permitted or required by law.
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Third Parties that You Direct Us to Share With - We share information at your request or direction. We may also share your information with those that you have consented or directed us to share your information with.
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Third Parties in Connection with a Merger, Acquisition or other Business Transaction - We may share information if PiKNiK is involved in a merger, acquisition, sale of all or a portion of its assets, financings, joint ventures, reorganizations, dissolution, liquidations, or other event where we sell or transfer all or a portion of our assets. We will not provide you with notice before disclosure in such cases.
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Third Parties for Security and Compelling Disclosure Purposes - PiKNiK must disclose information about you in response to lawful requests by public authorities, including but not limited to meeting national security or law enforcement requirements. We may share information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. Such disclosures may be carried out without notice to you.
When we disclose your Personal Information for a business purpose, we may enter a contract that requires all third-party processors or service providers process your Personal Information with the same level of protection and in a manner consistent with the uses agreed upon in this Privacy Policy.
User Choice Regarding Collection, Use, and Distribution of Personal Information:
We do not sell Personal Information of you or your network users for monetary consideration, but we may share your Personal Information to third parties as further described in this Privacy Policy. If you sign up for our waitlist or mailing list, and would like to be removed from such list, please send us an email at support@piknik.com. You may also opt-out of our mailing list by following the opt-out instructions found in our communications. If you wish to update and/or correct certain Personal Information that we maintain about you, such as your contact information (e.g., name, address, phone number), you may do so by sending us an email or correcting such information by logging onto your account (if applicable). We will process your request within a reasonable time once we are able to authenticate your request and verify your identity.
California Residents: Your California Rights:
Under California Civil Code section 1798.83, California resident have a right to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain Personal Information for direct marketing purposes. We do not share Personal Information about you with any third parties for their own marketing purposes. We are only required to respond to such a request once during any calendar year. To make such a request, you should contact us as listed below. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.
PiKNiK does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to web browser’s Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. You may set the DNT signal on your browser so that third parties (including advertisers) know you do not want to be tracked.
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints regarding our Site with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, California 95834, by telephone at (916) 445-1254 or (800) 952-5210, or by email to dca@dca.ca.gov.
European Economic Area and United Kingdom (“EEA”) Residents: Your EEA Privacy Rights:
Data protection laws in Europe and the United Kingdom require a “lawful basis” for processing “personal data” (as defined by GDPR). Our legal basis to process your personal data, includes without limitation:
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Necessity – We will process your personal data as necessary to perform our responsibilities under our contract(s) or agreement(s) with you (e.g., processing your order and delivering the products or services you purchase);
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Legitimate Interest – We will process your personal data when we have a legitimate interest in processing your personal data and these interests are not overridden by your rights and interests (e.g., communicating with you regarding changes to our Privacy Policy);
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Consent – If you provide us with your consent to perform a specific processing activity, we will process your personal data to perform such activity (e.g., sending you marketing emails if you subscribed to our newsletters); and
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Legal Obligation – In some cases, we will process your personal data as necessary for compliance with our legal obligations (e.g., responding to a court order).
For further details on how we may process your personal data, please see the section entitled “How Information and Data is Used” above.
If you are in the EEA and certain requirements are fulfilled, you may have the following data protection rights:
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Right to Access - You have the right to request copies of your personal data from us. We may charge you a small fee for this service.
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Right to Rectification - You have the right to request that we correct any information you believe is inaccurate. You also have the right to request we complete information you believe is incomplete.
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Right to Erasure - You have the right to request that we erase your personal data, under certain conditions.
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Right to Restrict Processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.
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Right to Object to Processing - You have the right to object to our processing of your personal data, under certain conditions.
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Right to Data Portability - You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
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Right to Withdraw Consent - You also have the right to withdraw your consent at any time where we relied on your consent to process your personal data.
If you wish to exercise one of the above-mentioned rights, please contact us via the methods set forth below in the section entitled “Contact Us.” We will have one month to respond to you. Please note that we may ask you to verify your identity before responding to such requests.
You have the right to file a complaint regarding your personal data with a data protection authority if you believe that the use or handling of your personal data does not comply with legal requirements. We would, however, appreciate the opportunity to address your concerns before you approach a data protection authority, and would welcome you directing an inquiry first to us by contacting us via the methods set forth below in the section entitled “Contact Us.”
PiKNiK as a Data Processor and Service Provider
Some of our Services are offered as part of a business relationship. Some of our Services require PiKNiK to process data that you or your network users have uploaded, stored and transferred on the Filecoin Network. PiKNiK does not review or analyze the content of such data, and most data stored on the Filecoin Network are encrypted in a way where PiKNiK has no way to access, view, decipher, review, or analyze data that is uploaded by its clients or network users. However, some data may contain Personal Information which PiKNiK processes pursuant to its clients’ instructions. PiKNiK does not control such data; rather it handles this type of data as a data processor or service provider only. PiKNiK processes such data as governed by written agreements in place with its clients and to the extent necessary to comply with applicable laws. As a result, PiKNiK’s clients are responsible for individual notification of purpose and for obtaining appropriate consent when they collect Personal Information. Personal Information that is transferred to PiKNiK by its clients or network users to be processed shall be deemed to have been collected with appropriate notification. PiKNiK assumes no responsibility for obtaining or validating that appropriate consent has been obtained and notices have been given with respect to data provided by its client(s).
PiKNiK relies on its clients to supply PiKNiK with accurate, complete and up-to-date information. PiKNiK makes reasonable efforts to maintain the integrity of the data within its Services as necessary to fulfill the stated purpose for which the information is used. If a request for Personal Information is submitted to PiKNiK by an individual, PiKNiK, in its role as a data processor or service provider, will direct the individual to the client for access.
Third Party Advertisers and Links to Other Sites:
During your use of our Site and Services, you may link to, or view as part of a frame on our page, certain content that is created or hosted by a third party. Third parties, including our advertisers, affiliates and other content providers accessible through our Site, may have their own privacy and data collection policies and practices. We are not responsible for the actions, privacy, security or content of such third party sites and do not endorse such sites. If you are asked to provide information on one of these websites, we encourage you carefully to review their privacy policy before sharing your information.
Security and Storage:
We have taken reasonable precautions to maintain the security and accuracy of the Personal Information we collect. We have a team dedicated to keeping your data and all stored network user data secured on our decentralized cloud storage server. We continue to work on features to keep your data and data of all network users safe, including without limitation encrypting all files stored on the server when at rest, limiting the number of individuals with access to our servers, and deploying automated technologies to detect abusive behavior and content that may harm our Sites and Services, you or other network users.
However, despite our efforts, please be aware that no security measures are perfect or impenetrable and we cannot guarantee that the information you transmit or provide to us, or that your network users upload to our servers, will be completely secure. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You and network users are responsible for maintaining the security of any password, account ID or other form of authentication involved in obtaining access to our Services.
We will retain your Personal Information for as long as needed to provide you with our Services or as needed to fulfill our own obligations, such as preventing fraud, meeting regulatory requirements, resolving disputes, improving our Services or maintaining security, and in each case, as consistent with applicable law. We may retain non-Personal Information that has been sufficiently aggregated or anonymized for a longer period. When Personal Information is no longer necessary or relevant for the stated purpose or to fulfill a legal or business requirement, it shall be securely destroyed. PiKNiK will either physically or electronically erase the Personal Information.
Modification to this Privacy Policy:
We reserve the right at our discretion to make changes to this Privacy Policy at any time, and all such changes shall be immediately effective. When we make changes, the “Last Updated” date of this Privacy Policy will be revised. Your continued use of our Site and Services following the posting of changes to this Privacy Policy will mean you accept those changes. We encourage you to review the Privacy Policy each time you visit the Site. Without limiting the effectiveness of the foregoing, in the event of certain changes to this Privacy Policy, you may also be required to assent to the new terms, and you may also be notified by email if we have your email address. If any modification is unacceptable, you should stop using the Site and our Services.
Geographic Restrictions:
PiKNiK owns and operates its data centers located in the United States and our customer support is provided by personnel located in our offices in the United States. We may limit the availability of our Site and Services to any person or geographic area at any time. If you access our Site from outside the United States, you do so at your own risk.
IF YOU ARE A USER ACCESSING OUR SITE AND SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL INFORMATION or DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SITE, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION AND DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION AND DATA MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION AND DATA MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.
Contact Us:
If you have any questions about this Privacy Policy or our Site in general, please contact us at support@piknik.com.