Last modified: 8 December 2022
- 1.3 Ocean Floor Labs is the Data Controller for Personal Data collected in connection with providing our services. Ocean Floor Labs generally collects your Personal Data directly from where you are based and may store it on servers outside the EU or European Economic Area (EEA) in countries such as Australia or the USA, where data protection standards may be lower than in the EU/EEA.
2. Personal Data we process
- 2.1 The categories of Personal Data we process depend upon the nature of your dealings with us and may include:
- Personal details: name, gender, date of birth, nationality, tax residency;
- Contact details: address, email address, mobile number, social media account;
- Order details: product, services, activity details of purchases, preferences, interactions;
- Payment details: payment and transaction information, including type, bank, and credit card details;
- Technical information: device ID, device type, geo-location, computer and connection information, statistics on page views, traffic to and from our websites, ad data, IP addresses and web log information;
- Blockchain transactions: any bids, offers, buys, sells, withdrawals, deposits, claims, mints, burns, or other like interactions associated with your IP address and your Ethereum public address;
- Customer support: details of the services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries; and
- Feedback: information you provide to us through surveys.
3. How we collect your Personal Data
- 3.1 We may collect Personal Data about you when you:
- Register on our Website or Interface (https://marketplace.oceanfloor.io/) (Interface);
- Make a purchase or place an order using our Website or Interface;
- Communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services, Website or Interface;
- Make enquiries, report suspicious market activity, bug reports, ideas, or other feedback about our services, Website or Interface;
- Connect your compatible Ethereum wallet to our Website or Interface, sign or effectuate a blockchain transaction or otherwise interact with the suite of smart contracts that form the Ocean Floor Labs Protocol (Protocol) (as defined in our Interface Terms and Conditions, located at T&C;
- Interact with our Website, Interface, Ecosystem Services, other services, content, advertising, or join our mailing list;
- Participate in a competition, promotion, or survey;
- Post a review, rating, comment, or other user-generated content on our Website or Interface;
- Submit your resume to us for a job application; and
- Invest in our business or enquire as to a potential purchase in our business.
- 3.2 We may also collect Personal Data when we receive your Personal Data from third parties who legally provide it to us. For example, if we receive information about you from any recruitment consultant, your previous employers and others who may be able to help us decide whether to make you an offer.
4. Purposes for using your Personal Data
- 4.1 We may use your Personal Data to:
- Enable you to access and use our Website, Interface, Ecosystem Services and other services;
- Facilities the sale and delivery of our products;
- Operate, protect, improve and optimise our Website, Interface and services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
- Send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and the information requested by you;
- Send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
- Administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by our business partners or us;
- Comply with our legal obligations, resolve any disputes that we may have with any of our users, enforce our Terms and Conditions and other agreements, or protect the rights, property, or safety of Ocean Floor Labs, our users, or others; and
- Consider your employment application.
- 4.2 We may also disclose your Personal Data to a trusted third party who holds other information about you. This third party may combine that information to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services you receive.
5. Lawful basis for processing Personal Data
- We have obtained your express prior consent to the processing (art 6(1)(a) GDPR);
- The processing is necessary to perform our contractual obligations to you (Art. 6(1)(b) GDPR);
- The processing is required by applicable law (art 6(1)(c) GDPR);
- The processing is necessary to protect the vital interests of any individual (art 6(1)(d) GDPR);
- We have a legitimate interest in carrying out the processing to manage, operate, or promote our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms (art 6(1)(f) GDPR); or
- When we involve third-party processors in the performance of our services and contractual obligations, and such involvement requires the sharing of Personal Data, we have entered into data processing agreements with our third-party processors according to art 28 GDPR and, if required, further appropriate safeguards according to art 46 – 49 GDPR.
6. Special categories of Personal Data
- 6.1 Subject to applicable law, we do not seek to collect or process your Sensitive Personal Data (as defined in the GDPR and as amended from time to time), except where:
- The processing is required or permitted by applicable law;
- The processing is necessary for the establishment, exercise, or defence of legal rights; or
- We have obtained, under applicable law, your express consent before processing your Sensitive Personal Data.
7. Disclosure of Personal Data
- Our employees and related bodies corporate;
- Third-party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our services to you);
- Professional advisers, dealers and agents;
- Our existing or potential agents, business partners or partners;
- Our sponsors or promoters of any competition that we conduct via our services;
- Anyone to whom our assets or businesses (or any part of them) are transferred;
- Specific third parties authorised by you to receive information held by us; and
- Other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
8. International transfer of Personal Data
- 8.1 Ocean Floor Labs may transfer your Personal Data to third-party suppliers and cloud providers outside the EU/EEA in countries such as Australia or the USA. Ocean Floor Labs puts in place suitable technical, organisational, and contractual safeguards to ensure that any transfer is carried out in compliance with applicable data protection rules, except where the country to which the data is transferred has already been determined by the European Commission to provide an adequate level of protection.
- 9.1 We design our systems with your security and privacy in mind. We may hold your Personal Data in either electronic or hard copy form. We take reasonable steps to protect your Personal Data from misuse, interference, and loss, as well as unauthorised access, modification, or disclosure. We also use a combination of physical, administrative, personnel and technical measures (such as encryption protocols and software) to protect your Personal Data.
10. Direct marketing
- 10.1 We and/or our carefully selected business partners may send you direct marketing communications and information about our services. This may take the form of emails, SMS, mail, or other forms of communication. You may opt-out of receiving marketing materials by contacting us using the details below or the opt-out facilities provided (e.g., an unsubscribe link).
11. Your data protection rights
- 11.1 Subject to applicable law, you are entitled to the following data protection rights:
- Right to access: you have the right to obtain confirmation that your Personal Data is processed and obtain a copy of it as well as specific information related to its processing;
- Right to rectify: you can request the rectification of Personal Data that is inaccurate or add to it;
- Right to delete: you can, in some cases, have your Personal Data deleted;
- Right to object: you can object, for reasons relating to your circumstances, to the processing of your Personal Data;
- Right to limit the processing: in certain circumstances, you have the right to limit the processing of your Personal Data;
- Right to portability: you can request to receive your Personal Data in a structured, commonly used, and machine-readable format, or, when this is possible, that we communicate your Personal Data on your behalf directly to another data controller;
- Right to withdraw your consent: for processing requiring your consent, you have the right to withdraw your consent at any time; however, exercising this right does not affect the lawfulness of any processing based on your prior consent;
- Right to set instructions relating to the use of your Personal Data post mortem: you have the right to define instructions relating to the retention, deletion, and communication of your Personal Data after your death;
- Right to complain to the relevant data protection authority.
- 11.2 If you have any questions or objections about how we collect and process your Personal Data, or if you would like to exercise any of the above rights, please contact us using the information below.
12. Data retention
- 12.1 We may hold your Personal Data for as long as it is reasonably necessary to enable you to access and use our services. We may retain your Personal Data wholly or partly for a longer or shorter period under applicable laws or any other lawful reason. Our data retention periods may be altered from time to time based on regulatory or other changes.
14. Use of third-party software
- 14.1 All blockchain transactions in relation to our Interface Services (as defined in our Interface Terms and Conditions) are facilitated and run through your compatible Ethereum wallet (e.g., MetaMask), which allows you to interact with public blockchains and applications deployed on a public blockchain. MetaMask is a third-party electronic wallet extension (Third Party Extension).
16. Making a complaint
- 16.1 If you have any concerns about how we have handled your Personal Data, you can contact us using the details below. Please include your name, email address and/or mobile number and clearly describe your complaint. We will acknowledge your complaint and respond to you within a reasonable period. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about further steps you can take. You also have the right to contact your local data protection authority.
17. Contact Us, Data Controller
For any questions or requests, please contact us as follows:
Ocean Floor Labs
10/8 Davallia Rd
©Ocean Floor Labs Pty Ltd 2023