1. Introduction

Privacy is a top priority for XGainer. If you choose to sign up, access, or use any of XGainer websites, including all associated features and functionalities, websites, mobile applications, Chrome extensions, user interfaces, as well as all content and software applications associated with our services (collectively, the “Site”, “Website”, “XGainer”), we will ask for, collect, and store personal information about you (“Personal Data”). We would not be able to provide our NFT social media monitoring service without the Personal Data you provide to us, which is why we want you to know that we take our responsibility to protect your Personal Data very seriously. Our priority is to make sure that it is clear how we use your Personal Data so that you can make informed decisions about your use of our Site and services, so please do take the time to get to know and familiarize yourself with our policies and practices.

This document (our “Privacy Policy”) explains how we collect and use your Personal Data, how and with whom we share your Personal Data, and how we protect your Personal Data. This Privacy Policy applies to all XGainer websites, including XGainer.xyz and is subject to the XGainer Terms of Service available here (“Terms”, “Terms of Service”). If you have questions about this Privacy Policy or have suggestions for how we can improve it, please contact us at info@XGainer.xyz.

If at any time, you do not wish for us to collect Personal Data from you or share your Personal Data with third parties or otherwise disclose your Personal Data, you should not access or use our Website or any associated components of our NFT social media monitoring service.

2. Personal Information We Collect

Given our privacy first stance, we do our best to collect as little information is required. We list the following categories of Personal Data that XGainer collects below. To provide a better understanding, we’ve also provided examples, the source of the data, as well as the purpose of collecting the personal data.

3. Retention of Personal Information

We take reasonable and practicable steps to ensure that your Personal Data held by us is not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.

4. How We Use Your Personal Information

We collect Personal Data about you in order to provide you with the best possible experience, protect you from risks related to fraud and improper use, and help us to maintain and improve the XGainer experience. We may use your Personal Information to:

- Provide you with access to our Website
- Comply with legal and regulatory requirements
- Detect and prevent fraud or illegal activity
- Protect the security and integrity of our Website
- Provide you with customer support
- Market our products
- Other business purposes

5. How We Share Your Personal Information

Unless otherwise expressly authorized by you in writing, except as described in the Privacy Policy, XGainer will never share, sell, or communicate your Personal Data to anyone for any reason We only share and disclose your Personal Data with the following third parties.
Law Enforcement: As necessary, we may share your Personal Data with Law Enforcement in order to comply with applicable laws and regulatory requirements or mandatory legal or governmental requests. Under these circumstances, we may enforce our agreements, policies, procedures, Terms of Service, and protect ourselves, our customers, and the general public from illegal or illicit activities.
Purchasers of Our Business: In the event of a sale of company assets, financing, or a merger or acquisition of part or all of our business, we may share or transfer your Personal Data in connection with or during the negotiation and execution of such agreements.

6. Cookies & Trackers

When you access XGainer, we may use cookies and other activity tracking tools to help the Website and Extension work more smoothly. These tools help us to:
- Keeping you signed in
- Perform website analytics
- Prevent fraudulent activity and attacks against our Website - Advertise XGainer products and services and additional products and services from our partner companies
We may use cookies and trackers to assign you a unique identifier in order to record:
- The websites and XGainer pages you visit
- IP address
You can block cookies at any time using your browser settings. We do not currently respond to “Do Not Track” or DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

7. How We Protect Your Privacy

We take the privacy and confidentiality of your Personal Data very seriously. We cannot guarantee absolute security as no security is foolproof, we limit access to your Personal Data to our authorized employees or agents and we require our business partners and service providers to limit their use of your Personal Data. We take measures including the encryption of the XGainer website communications with SSL as well as periodic review of our processing practices. We also maintain physical, technical, and administrative safeguards to protect your Personal Data against loss, misuse, damage or modification, and unauthorized access or disclosure.

8. How Long Do We Keep Your Data

We keep your Personal Data until you ask us to delete them or for as long as is necessary to fulfill the purposes outlined in this Privacy Policy. Even after you delete your XGainer profile, we can retain copies of information about you for a period of time that is consistent with applicable law, applicable statute of limitations or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to collect fees owed, to resolve disputes, to address problems with our services, to assist with investigations, to enforce our Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.

8. Data Protection Rights Under EU General Data Protection Regulations (GDPR)

While customers who are located in the European Union (“EU”), European Economic Area (“EEA”) or the Channel Islands, or other locations subject to EU data protection law (collectively, “Europe”) are customers of our Wyoming entity, we recognize and, to the extent applicable to us, adhere to relevant EU data protection laws. For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).

Lawful Bases for Processing. We process personal data subject to GDPR on one or more of the following legal bases:
Legal Obligation: to conduct anti-fraud and to fulfill our retention and other legal obligations;

Contractual Obligation: to satisfy our obligations to you under our Terms, including to provide you with our Services and customer support services, and to optimize and enhance Icy Labs;

Legitimate Interest: to monitor the usage of Icy Labs, conduct automated and manual security checks of our Services, to protect our rights; and Consent: to market Icy Labs and our Services. You may withdraw your consent at any time without affecting the lawfulness of processing based on consent before consent is withdrawn.

European Privacy Rights. European residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:

Rights to Access and Rectification. You may submit a request that Icy Labs disclose the personal data that we process about you and correct any inaccurate personal data.

Right to Erasure. You may submit a request that Icy Labs delete the personal data that we have about you. Right to Restriction of Processing. You have the right to restrict or object to our processing of your personal data under certain circumstances.

Right to Data Portability. You have the right to receive the personal data you have provided to us in an electronic format and to transmit that personal data to another data controller.

To submit a request to exercise these rights, please contact us using the methods described at the end of this Policy. When handling requests to exercise European privacy rights, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. While we maintain a policy to respond to these requests free of charge, should your request be repetitive or unduly onerous, we reserve the right to charge you a reasonable fee for compliance with your request.

9. Data Protection Rights Under California Consumer Privacy Act (CCPA)

As a California consumer, you have the following choices regarding our use and disclosure of your Personal Data subject to certain limitations under the California Consumer Privacy Act (“CCPA”):

Right to know. You may request, up to twice in a 12-month period, the following information about the Personal Data we have collected, used, disclosed or sold about you during the past 12 months:

- the categories and specific pieces of Personal Data we have collected about you;
- the categories of sources from which we collected the Personal Data;
- the business or commercial purpose for which we collected the Personal Data;
- the categories of third parties with whom we shared the Personal Data; and
- the categories of Personal Data about you that we disclosed for a business purpose and sold to third parties, and the categories of third parties to whom the information was disclosed or sold.

Right to delete. You may request that we delete the Personal Data we have collected from you, subject to certain limitations under the CCPA.
Right to opt-out from sale of Personal Data. You have the right to opt-out of the sale of your Personal Data. We do not sell your Personal Data.

Non-discrimination. The CCPA provides that you may not be discriminated against for exercising these rights.
To submit a request to exercise any of the rights described above, you may email us at info@xgainer.xyz (Data Protection Officer). We will verify your identity before responding to your request by either verifying that the email address from which you send the request matches your email address that we have on file, or by requiring you to log into your account.

10. Social Media

The XGainer Website may include social media features, such as “follow” buttons. These features may collect information about you, such as your IP address or which pages or features you use or interact with, and may set a cookie to enable the feature to function properly. Your interactions with social media features are governed by privacy policy and terms of the company providing them. We do not control and do not take responsibility for the use of your Personal Data by these third-party sites.

11. Third-Party Links

The XGainer Website may contain links to external websites, apps, Dapps, and the like. Your access to and use of such linked sites is governed by the privacy policies of those third-party websites. We do not control and are not responsible for the Personal Data practices of such third-party websites. Please review the privacy policies of any such sites before you disclose your Personal Data to them.

12. Children’s Privacy The

Website is not intended for children. XGainer does not knowingly collect, use, sell, or share any Personal Data from anyone under the age of 18. If we become aware that a child under the age 18 has provided Data to us, please inform Us and we will delete it.

13. Changes and Amendments

We may change this Privacy Policy from time to time to reflect changes in our practices concerning the collection, use, and sharing of Personal Data. The revised Privacy Policy will be effective immediately upon posting to the Website, associated social media, or through email. If you continue to access the Site after we make changes to this Privacy Policy, then you will be deemed to have agreed to the changes, so please check this Privacy Policy periodically for updates.

14. Contact Us

If you have any questions or concerns pertaining to this Privacy Policy or our processing of your Personal Data, please feel free to contact us at info@XGainer.xyz