Privacy Policy

Last Updated:
February 8, 2023

This Privacy Policy (“Privacy Policy”) sets out how Nowhere Labs, Inc. doing business as The Order of Ink (“The Order of Ink”) uses and protects any information that you (referred to as “you” or “your”) provides when accessing, browsing, submitting information, minting an NFT, or otherwise utilizing the https://www.theorderofink.com/ website and/or platform (the “Platform”).

The Order of Ink is committed to ensuring that your privacy is protected. Any personal identifying information (hereinafter referred to as “Personal Information” and defined below) you provide when using the Platform will only be used in accordance with this Privacy Policy. This Privacy Policy describes the type of information The Order of Ink may collect from you or that you may provide when using the Platform, as well as The Order of Ink’s practices for collecting, using, keeping, protecting, and/or disclosing any Personal Information. 

The Order of Ink is a web3 platform that uses web2 functionality; therefore, any Personal Information obtained shall be subject to this Privacy Policy. This Privacy Policy only applies to the Personal Information you provide or utilize while using web2. Any information or data provided on a Smart Contract or when minting the NFTs may not apply.

  1. PERSONAL INFORMATION

    What Personal Information is Collected? 

    When browsing, engaging with, or otherwise using the Platform, viewing, or minting one of The Order of Ink’s NFTs as defined in the Terms (the “NFTs”); contacting The Order of Ink; or otherwise conducting any other activity on the Platform, you may be asked to enter or disclose various types of Personal Information, which may include, but are not limited to: 

    • Contact Information: name, e-mail, postal address, telephone number, contact information, or any other similar information. 

    • Identification and Demographics: date of birth, gender, nationality, ethnicity, interests, lifestyle information, photos, social media credentials, contacts, or referrals.

    • Transactional:  billing address, payment information, and debit/credit card information.

    • Content: photos, videos, reviews, and other information or content you may submit, such as comments on the Platform, other online forums, and social media platforms.

    • Research and Feedback: reviews, comments, and other feedback that you submit through the Platform, social media platforms, e-mail, over the phone, or by mail. 

    • Device Information and Identifiers: IP addresses, cookie IDs, browser types and language, operating systems, platform type, and device type.

    • Connection and Usage: domain names, browsing activity, scrolling and keystroke activity, advertisements, NFTs, or other content viewed and the duration of viewing, forms, or fields you complete or partially complete, search terms, whether you open an e-mail, quality of the Platform, and interaction with the content, logs, and other similar information. If these events occur while you are offline, they may be logged and uploaded when you next connect.

    • Geolocation: city, state, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. 

    • Social Media Information: if you interact with The Order of Ink through a third party platform (hereinafter referred to as “Third Party Platform(s)” and defined below) using your social media credentials, then depending on your social media settings, The Order of Ink may have access to your information from that particular social network such as your name, e-mail address, contact information, friend or connection list, photo, age, gender, location, birthday, social networking ID, current city, your comments, and the people and other businesses you follow.

    • Additional Information: any additional information you provide directly through the Platform or through your participation, support request, inquiry, social networking interaction, or any other communication.

    When is Personal Information Collected? 

    Generally, you are not under any statutory or contractual obligation to provide any Personal Information; however, certain Personal Information may be automatically collected in order for you to use the Platform and mint the NFTs. 

    The Order of Ink collects information from you when you access or otherwise use the Platform; contact The Order of Ink; fill out an online form; mint an NFT, or otherwise enter any information on the Platform or The Order of Ink’s social media platforms which may include, but are not limited to, Facebook, Instagram, Twitter, TikTok, Discord, Telegram, YouTube, Pinterest, Google, or other third party applications (together the “Third Party Platforms”). 

    How Do You Get My Consent?

    When you provide any Personal Information through the Platform, verify, or change your contact information and/or transactional details; complete a contact form; mint an NFT, or anything of the like, you are automatically consenting to the collection, storage, and use of that Personal Information for your benefit to improve the Platform and The Order of Ink’s offerings. 

    If The Order of Ink asks for your Personal Information for any other reason, it will either: (a) ask directly for your express consent; or (b) provide you with an opportunity to say no or otherwise decline by contacting The Order of Ink directly. 

    How Do I Withdraw My Consent?

    You may withdraw your consent for the continued collection, use, or disclosure of your Personal Information at any time by contacting The Order of Ink directly. The Order of Ink reserves the right to retain any previously collected Personal Information for the purposes of resolving any disputes, tracking orders, and/or  obtaining and analyzing its aggregated data analytics. 

    For the avoidance of doubt, The Order of Ink will not be able to remove any Personal Information connected with the mint of your NFT through a smart contract on the blockchain

    How is My Personal Information Used?

    The Order of Ink may use your Personal Information in any of the following ways:

    • To provide, maintain, and improve the Platform and NFTs, features and content available through the Platform.

    • To enable you to enjoy and easily navigate the Platform. 

    • To better personalize your experience on the Platform and understand your needs and interests. 

    • To fulfill requests or respond to your questions and comments.

    • To provide you with announcements, notifications, advertisements, and other communications such as electronic newsletters, promotional emails, discounts, giveaways, new mints, or similar messaging related to your interests, the Platform, and the NFTs. 

    • To quickly process your transactions. 

    • To investigate and help prevent security issues, abuse, or violations of law. 

    • To display content you generate, such as videos, photos, audio, and comments on the Platform or on Third Party Platforms.

    • To comply with all relevant laws, regulations, and ethical business conduct. 

    How is My Personal Information Protected? 

    The Order of Ink takes the security of your Personal Information very seriously and implements a variety of security measures when you use the Platform, minting NFTs, or otherwise provide your Personal Information. Your Personal Information is accessible only to a limited number of persons who have the authority to access it, including but not limited to, contractors or agents that The Order of Ink may employ to perform tasks, fix bugs, and/or monitor the Platform on its behalf.

    Does The Order of Ink Collect Information From Minors?

    The Order of Ink does not want to, and does not knowingly, collect any data from individuals under the age of eighteen (18). If The Order of Ink learns that it has collected any such data without the supervision of a parent or legal guardian, The Order of Ink will take all reasonable measures to delete such information and will not use it for any purposes. If you become aware of any Personal Information that The Order of Ink has collected from an individual under the age of eighteen (18) without the supervision of a parent or legal guardian, please contact The Order of Ink immediately. 

    How Do I Opt-out, Remove, or Modify Any Personal Information I Have Provided?

    You can request to have your Personal Information removed from the Platform by contacting The Order of Ink directly. Please note that The Order of Ink may retain certain relevant information for record keeping purposes, which includes but is not limited to information regarding sales transactions or that is otherwise needed to complete any ongoing and/or pending transactions. 

    Does the Platform Use 'Cookies'? 

    Yes. The Order of Ink and its service providers, advertisers, and other third parties use cookies and similar technologies (e.g., HTTP cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits) to recognize you on, off, and across your devices. Cookies are small data files that The Order of Ink, or its service provider, transfers to your computer's hard drive through your web browser (if you allow) and/or your device that enables The Order of Ink or its service provider's systems to recognize your browser or device to capture and remember certain information that will provide The Order of Ink with insights to your online activity. 

    • Performance: These cookies allow The Order of Ink to improve the Platform by tracking your usage of the Platform. These cookies may also improve the speed with which The Order of Ink can process your requests and allow us to remember any particular preferences you may have selected in connection with your use of the Platform. 

    • Social Media & Advertising: These cookies offer the potential to connect you to your social networks and share content and information from the Platform through social media. Advertising cookies collect information to help better tailor advertisements to your interests. These cookies may involve the processing of your personal data. 

    Cookies Are Used To:

    • Recognize your browser and/or device;

    • Track metrics and understand your Platform preferences based on your previous or current activity;

    • Save your Platform preferences for future visits; and

    • Compile aggregate data about traffic and interactions on the Platform in order to offer a better user experience, as well as improved features, content, and NFTs in the future. The Order of Ink may also use trusted third party service providers that track this information on its behalf.

    The Order of Ink may also use tracking technologies, such as cookies, pixels, and web beacons to collect and store information about you when you use or interact with the Platform; mint NFTs; and/or engage with marketing communications, advertising content and/or third party websites in order to provide you with targeted advertising based on your browsing activities and interests. These third parties automatically receive your IP address or mobile device identifier when you access the Platform or third party websites. They may also use tracking technologies to measure the effectiveness of advertisements or other features; personalize the advertising content; and serve you advertisements that are relevant to your regional location. The Order of Ink may also use information collected using third party cookies and beacons to provide you with advertisements, features, and other content. 

    You can opt-out of targeted advertising by visiting the following pages: 

    Can I Disable Cookies and Still Use the Platform? 

    Your browser can assist you in managing and setting up your cookie preferences. You can choose to have your computer or device warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser or the settings of each individual device you use. There are also general resources for opting out of interest-based advertising available on the Network Advertising Initiative and the Digital Advertising Alliance’s websites. 

    If you choose to disable cookies, you will still be able to access the Platform. However, please note that by disabling cookies, some features on the Platform may be disabled. Disabling cookies may also affect your experience by decreasing the Platform’s efficiency or causing it to not function properly.

    If you would like to delete or have your browser refuse cookies, please visit the following help page associated with your browser.

    Wireless and Location-Based Features; Social Media Plug-ins

    • Data Sharing. By using the Platform, you affirmatively consent that The Order of Ink may use and share, your video and image viewing data with third parties unless consent is withdrawn. The Order of Ink may track your use for its research, analytics, or ad serving purposes. It may share the above information with companies that display ads to you, collect and analyze information, or to social networks. 

    • Wireless Features. The Platform may offer certain features that are available to you via your wireless device. These features may include the ability to access the Platform and receive messages (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. The Order of Ink has no responsibility or liability for any fees or charges you incur when using Wireless Features.

    • Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, The Order of Ink may send communications to your wireless device regarding The Order of Ink or other parties. Further, The Order of Ink may collect information related to your use of the Wireless Features in accordance with the Privacy Policy. If you have registered via the Platform for Wireless Features, then you agree to notify The Order of Ink of any changes to your wireless contact information (including phone number).

    • Location-Based Features. When you use one of our location-enabled features, The Order of Ink may collect and process information about your actual location. If you have enabled GPS, geo-location or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared with others consistent with the Privacy Policy. 

      In addition, where the Platform collects precise information about the location of your device, it may be used to provide requested location services, and it may be used, amongst other uses, to allow tagging or to check-in.

      Your browser features should allow for you to disable the location-based features or manage preferences related to them. The location-based services offered in connection with the Platform are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.

    • Social Media Plug-Ins. Social media plug-ins of social networks such as Facebook, Twitter, Instagram, and Google (among others) may be integrated on the Platform. If you choose to click on one of these buttons or links on the Platform, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account, the social network receives the information that the web page was used by you. If you are not registered with the social network or you are logged out before you use the Platform, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with The Order of Ink through a social media Platform, plug-in, etc., then you may be enabling The Order of Ink to have ongoing access to certain information from your social network profile (such as your name, social networking id page, e-mail address, photo, gender, location, the people/websites you follow, etc.).

      If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you use the Platform. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.

    • Third Party Content. The Platform may contain links and references to other third-party service providers (“Third Party Content”). This Third Party Content is provided as additional information. The Order of Ink is not responsible for any Third Party Content or the actions of those providing such content. Any information regarding a Third Party found on the Platform does not imply that The Order of Ink endorses or accepts any responsibility or liability for the Third Party, or vice versa. 

    How is My Personal Information Shared and Disclosed? 

    The Order of Ink may share and disclose your Personal Information for the following reasons: 

    • Compliance with applicable law: The Order of Ink may release your Personal Information under certain circumstances where The Order of Ink believes it is appropriate to comply with any law, regulation, or legal process; enforce its policies; and/or protect The Order of Ink or others’ right, property, or safety. The Order of Ink may also be required to disclose your Personal Information if required by law or in response to a valid request by a public authority (e.g., a court or governmental agency).  

    • To enforce our rights, prevent fraud, and for safety: To protect and defend the rights, property, or safety of The Order of Ink or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

    • Third Party and other disclosures of your Personal Information: The Order of Ink may share your non-private and/or Personal Information with related Third Party Platforms, companies, advertisers, partners, social networks, service providers, research and management companies, search engines, law enforcement, hosting partners, and any other party who assists in operating the Platform, or otherwise servicing you. Similarly, if The Order of Ink is involved in a merger, collaboration, or acquisition, your Personal Information may be transferred. However, The Order of Ink will provide you with notice before your Personal Information is transferred and becomes subject to a different privacy policy.

    • With consent: The Order of Ink may share Personal Information with others when it has consent to do so. 

    Retention of Personal Information

    The Order of Ink will retain your Personal Information only for as long as is necessary to achieve the purposes set out herein, including complying with legal obligations, resolving disputes, completing audits, and/or enforcing its agreements and policies. 


    Third Party Links

    Occasionally, at its discretion, The Order of Ink may include or offer outside third party advertisements, resources, or other services on the Platform (“Third Party Links”). These Third Party Links are governed by separate and independent privacy policies. Therefore, The Order of Ink has no responsibility or liability for the content and activities of these Third Party Links. Nonetheless, The Order of Ink seeks to protect the integrity of the Platform and welcomes feedback about these Third Party Links.

    Behavioral Advertising 

    As described herein, The Order of Ink may use your Personal Information to provide you with targeted advertisements or marketing communications from other businesses.  For more information about how targeted advertising works, please visit the Network Advertising Initiative’s educational page at: https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 


    Communications; SMS, E-mails, and Calls

    You consent to receiving communications from The Order of Ink, including but not limited to, e-mails, text messages, and/or calls regarding the Platform and/or NFTs, updates to the Platform, advertisements and marketing promotions, and any other relevant information. You agree to provide true, accurate, and current Personal Information. Your engagement with the Platform may be shared with others in accordance with our Privacy Policy and Terms.

  2. INTERNATIONAL TRANSFERS

    The Order of Ink is headquartered in the United States; however, The Order of Ink may transfer your Personal Information to service providers and other third parties located outside of your country of residence, including in the United States. This may be necessary for the purposes outlined in this Privacy Policy. Data privacy laws vary from country to country and may not be equivalent to, or as protective as, the laws in your home country. The Order of Ink takes steps to ensure that reasonable safeguards are in place with the aim to ensure an appropriate level of protection for your Personal Information, in accordance with applicable law. By providing The Order of Ink with your Personal Information, you acknowledge and agree to any such transfer, storage, or use.

    Some Platform functions can only be provided if The Order of Ink has your Personal Information, therefore the deletion of your Personal Information may result in the termination of such functions. The Order of Ink will take reasonable steps to verify and authenticate your identity. The Order of Ink may require further documentation before granting access to your Personal Information.

  3. STATE SPECIFIC DATA POLICIES

    Special Notice for California Residents

    The Order of Ink shall not market or advertise to minors specified NFTs or services that minors are legally prohibited from buying. The Order of Ink shall not market or advertise any NFTs based on the Personal Information provided that is specific to any minor, nor shall it knowingly use, disclose, compile, or allow a third party to do so. Under California’s Privacy Rights for California Minors in the Digital World Act, any minor may request and obtain removal of Personal Information posted on the Platform.

    Your California Privacy Rights.

    California residents are entitled once a year, free of charge, to request and obtain information regarding Order of Ink’s disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year. To obtain this information, please contact The Order of Ink directly.

    California Consumer Privacy Act (“CCPA”)

    California residents have the right to receive certain disclosures regarding the collection, use, and sharing of Personal Information, as well as the right to access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

    “Do Not Sell My Personal Information” (California Residents only)

    California residents may opt-out of the “sale” of their Personal Information. California law broadly defines “sale” in a way that may include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior to add to a profile about your mobile device, browser, or you.

    Depending on how you use the Platform, The Order of Ink may share the following categories of information for such advertising which may be considered a sale (as defined by California law):

    • Identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history; geolocation information, such as city; and inference data.

    If you would like to opt-out of the use of your Personal Information for such purposes (to the extent this is considered a sale), you may do so as by contacting The Order of Ink directly.

    Third Parties’ List – Shine the Light (California Residents only)

    California residents can also request a list of all the third parties to which The Order of Ink has disclosed certain Personal Information (as defined by California’s Shine the Light law) during the preceding year for those third parties’ direct marketing purposes. You will need to attest to the fact that you are a California resident. The Order of Ink will not accept requests by telephone, e-mail, or facsimile, and The Order of Ink is not responsible for notices that are not labeled or sent properly, or that do not have complete information.

    Special Notice for Nevada Residents

    Certain Nevada consumers may opt-out of the sale of Covered Information for monetary consideration to a person for that person to license or sell such information. “Covered Information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

    Virginia Consumer Data Protection Act (Effective January 1, 2023)

    Under the Virginia Consumer Data Protection Act (“VCDPA”), certain businesses must give consumers the ability to access, control, and delete personal data that the business collects about them, or that consumers have otherwise provided. Consumers have the right to obtain a copy of data the consumer has previously provided, in a usable format “to the extent technically feasible.”

    Utah Consumer Privacy Act (“UCPA”) (Effective December 31, 2023)

    Utah residents have the right to (a) confirm whether a controller is processing the consumer’s Personal Data and to access that data; (b) delete the consumer’s Personal Data that the consumer provided to the controller; and (c) obtain a copy of the consumer’s Personal Data that the consumer previously provided to the controller.

    The UCPA defines “Personal Data” as information that is linked or reasonably linkable to an identified or identifiable individual. Data that cannot be linked to a consumer and publicly available information and the processing of personal data for purely personal or household purposes are excluded from the UCPA. Data controllers must provide consumers with reasonable, accessible, and clear privacy notice. Controllers must establish and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality and integrity of Personal Data and reduce reasonably foreseeable risks of harm to consumers relating to the processing of Personal Data.

    Connecticut Data Privacy Act (“CTDPA”) (Effective July 1, 2023)

    Under the CTDPA, Connecticut consumers are provided with (a) the right to access; (b) right to correct; (c) right to delete; (d) right to data portability; and (e) right to opt out of the sharing of any Personal Data.

    The CTDPA defines a “Consumer” as a Connecticut resident and excludes persons acting in a commercial or employment context. The “Sale of

    Personal Data” refers to the exchange of personal data for monetary or other consideration by the controller to a third party.

    Personal data excludes any deidentified data or publicly available information, where publicly available information means information that is lawfully made available through government records or widely distributed media and a controller has a reasonable basis to believe a consumer has lawfully made available to the general public.

    Colorado Privacy Act (“CPA”) (Effective July 1, 2023)

    Businesses must provide consumers with clear privacy notices and conduct data protection assessments for any personal data processing that presents a heightened risk of harm to consumers. Consumers are afforded the right to opt out of the processing personal data for targeted advertising or for the sale of personal data and provides a “user-selected universal opt-out mechanism.”

    “Consumers” are defined as residents acting in their individual or household contexts and excludes individuals acting in a commercial or employment capacity, job applicants, and beneficiaries of someone acting in an employment context from its definition of “consumer.” “Personal Data” is defined to mean information that is linked or reasonably linkable to an identified or identifiable individual. The CPA does not extend to deidentified data or publicly available information.

    Changes to this Privacy Policy

    The Order of Ink is constantly aiming to improve its Platform, therefore this Privacy Policy may be amended from time to time at The Order of Ink’s discretion. The Order of Ink reserves the right to modify or update this Privacy Policy at any time. It is your responsibility to review this Privacy Policy frequently for any updates that may occur. Changes and clarifications will take effect immediately upon their posting to the Platform. If The Order of Ink makes any material changes to this Privacy Policy, Order of Ink will notify you here.

If you have any questions regarding this Privacy Policy or if you want to verify, modify, receive, suspend, or delete your Personal Information, you can reach The Order of Ink directly using the contact information provided below:

Email: info@theorderofink.com