Privacy Policy
Updated Date: Feb 26, 2025, 12:00 AM
1. PREAMBLE
1.1. NOCENA LLC is the operator of the NOCENA Web3 SocialFi Platform and serves as the controller of the information and personal data collected or provided through the Platform and the related Services. The processing of personal data by the Company is subject to this privacy policy, as amended and in effect at the time (hereinafter as the “Privacy policy”).
1.2. The use of the Platform and the related Services, available within or in connection with the Platform, is subject to the T&Cs, available at [TBA]. The Privacy policy constitutes an integral part of the T&Cs pursuant to Article 5.1 of the T&Cs. By accessing and using the Platform and related Services, you are agreeing to the T&Cs, as well as the Privacy policy. You agree to regularly check the Privacy policy to take notice of any changes that may have been made.
1.3. Personal data mean any information or opinion, whether accurate or not and whether recorded in a material form or not, that relates to an identified individual or an individual who can be reasonably identified. This may include, but is not limited to, your name, username, password, IP address, unique device identifiers, physical address, phone number, email, date of birth, bank account and digital wallet details, billing information, credit or debit card details, photographs and videos featuring you, identification credentials, biographical details, and comments or opinions about you (hereinafter as “personal data”).
1.4. Any capitalized but undefined term in this Privacy policy shall have the meaning defined in the T&Cs.
2. SCOPE OF THE PRIVACY POLICY
2.1 For the purposes of this Privacy policy, "processing," "processed," or "process" refers to any operation or series of operations performed on personal data or sets of personal data (excluding disclosure), whether carried out by automated means or otherwise. This includes, but is not limited to, the collection, recording, organization, storage, use, modification, structuring, retrieval, consultation, alignment or combination, restriction, deletion, or destruction of such data.
2.2 The Platform can be accessed only using a user account created by each user. We therefore process only data provided by registered users. These data include, but are not limited to:
2.2.1 Contact data: We process usernames, email addresses and digital wallet identification numbers.
2.2.2 User-Submitted personal data: We process information you submit to personalize your account or fulfill a specific function, such as your name, date of birth, age, interests, preferences, feedback, marketing preferences, and communication preferences. Additionally, we process any other information you voluntarily provide for a designated function.
2.2.3 Online forms and communication data: We process data and other information submitted through online forms available on the Platform, as well as information sent via email, online support chats, or other communication channels. This includes data provided in the context of support requests, inquiries, content reporting, content moderation, and complaint handling.
2.2.4 Website activity data: We process information related to your usage of the Platform, including interactions with products, services, content, and advertisements. This includes pages visited, search history on the Platform etc. Additionally, we process browser and operating system details, device information, time zone settings, and online identifiers. Specifically, we collect and process internet protocol (IP) address information and set cookies, as further detailed in Section 6 of this Privacy policy.
2.2.5 User submitted content, including audio/video information: The Platform provides an interactive area where users can share information about themselves and others, engage in communications, upload content (such as images and video files), and post comments on the content available on the Platform.
2.3 We may process your data for the purpose of creating and sharing aggregated insights that neither directly nor indirectly identify you and are not linked to you in any way. Such aggregated information does not constitute personal data.
2.4 The Platform prohibits access and use by minors. The Platform is designated to individuals who are at least 18 years old or have attained the legal age of majority in their jurisdiction of access. We do not knowingly collect, store, or process personal data of minors.
2.5 We do not collect any sensitive personal data, including but not limited to passwords for other services, information related to physical, physiological, or mental health conditions, sexual orientation, medical records and history, or biometric data.
2.6 The Platform and Services are partly connected to blockchain technology. Blockchains are immutable, meaning that transactions and certain information related to users are permanently stored on the blockchain. Once recorded, this information cannot be altered or removed. By using the Platform, you acknowledge and understand that any data stored on the blockchain will remain there indefinitely, and we have no ability to modify or delete it.
THE SOURCES OF PERSONAL DATA
1.1 We process personal data collected from the following sources:
1.1.1 Directly from you: We collect and process the categories of information specified above directly from you.
1.1.2 Automated technologies and interactions: As detailed in Section 6 of this Privacy policy, we use cookies and other automated tools to collect and process website activity data when you access the Platform.
1.1.3 Third-parties: We may receive certain information from other platforms, such as your name, email address, or other details you have provided and authorized the third party to share with us.
4. PURPOSES FOR PERSONAL DATA PROCESSING
4.1 We process personal data for the following purposes:
4.1.1 Provision of Services: We process identifiers, website activity data, and personal data (if voluntarily submitted as described above). Additionally, we process user contributions (user content), including any interactions with Platform’s features, products, or Services. We also use this data to verify eligibility and distribute Tokens in connection with Challenges and Private Challenges.
4.1.2 Customer management: We process identifiers and personal data to manage user accounts, provide customer support, send account-related notifications, and inform users of updates or changes to the Platform or the Services.
4.1.3 Customization of content and marketing: We process identifiers and website activity data. Additionally, we process user-submitted personal data and user contributions to analyze engagement with content, products, or Services, and to display tailored content and advertisements based on user interests.
4.1.4 Analytics: We process identifiers and website activity data to determine unique user visits, track user engagement over multiple sessions, and monitor aggregate metrics, such as the total number of visitors, page views, and demographic trends.
4.1.5 Functionality and security: We may process any of the data categories mentioned in this Privacy policy to diagnose and resolve technical issues, detect and prevent fraud, illegal activities, or intellectual property infringement, and enhance the security of the Platform.
4.1.6 Platform safety: We use collected information to promote user safety and security, protecting Platform users from harm while ensuring a safe and secure experience on the Platform.
4.1.7 Compliance: We may process any of the data categories referenced in this Privacy policy to enforce compliance with this Privacy policy, our T&Cs, and applicable legal obligations. This includes, but is not limited to, responding to data subject requests, handling content reports, and ensuring compliance with content moderation.
4.1.8 Information you provide: We will process personal data and user-submitted personal information in accordance with the purposes described at the time the information is provided or for any other purpose expressly consented to separately from this Privacy policy.
5. DISCLOSURE OF PERSONAL DATA
5.1 We disclose your personal data when necessary to provide our Services or for other purposes outlined in this Privacy policy. When sharing your personal data, we typically rely on one or more of the following legal bases: the performance of our contractual obligations to you, compliance with legal obligations, our legitimate business interests (such as operating the Platform), or your consent.
5.2 Parties to whom we may disclose your personal data:
5.2.1 The public: When you submit content, including audio/video content, certain details about you - such as uploaded content and profile information - may be publicly displayed on the Platform. Publicly available content may be accessible globally by anyone who has access to the Platform.
5.2.2 Our employees and contractors: To provide Services, certain employees and contractors may be granted access to your personal data on a need-to-know basis. These individuals are bound by confidentiality obligations.
5.2.3 Our corporate group: We may disclose personal data to affiliated entities within our corporate group where necessary for the purposes described in this Privacy policy, including but not limited to identification, transaction monitoring and payment processing, customer support, distribution of Tokens, business development, account administration, IT, technical support, and engineering services.
5.2.4 Service provides: We share certain categories of personal data with authorized service providers who assist us in delivering our Services in accordance with our T&Cs. These service providers may process personal data solely on our behalf for purposes such as identification, fraud detection and prevention, risk mitigation, evaluation of the performance of Challenges, customer support, marketing and advertising, content customization, analytics, security, hosting, or other functionalities essential to the Platform. These providers are granted limited access to personal data necessary for their functions and are prohibited from processing it for any other purposes. These providers may use AI technology, especially in relation to user submitted content.
5.2.5 Legal successors: In the event of a merger, acquisition, sale, or transfer of some or all of our assets—whether as a going concern, bankruptcy, liquidation, or a similar proceeding—we may transfer all categories of personal data we process to the acquiring entity or successor. Such transfers are based on our legitimate business interest in making decisions that support our business development.
5.3 We may access, retain, and disclose personal data when reasonably necessary to:
5.3.1 Comply with applicable laws, regulations, court orders, legal proceedings, or government or public authority requests.
5.3.2 Enforce our T&Cs, including preventing potential violations.
5.3.3 Detect, prevent, or address illegal activities, suspected misconduct, security risks, or technical issues.
5.3.4 Protect the rights, property, or safety of our company, users, employees, or others.
5.3.5 Maintain and safeguard the security and integrity of the Platform infrastructure and operations.
In such cases, we reserve the right to assert or waive any legal objections or rights at our sole discretion.
5.4 We do not assume any responsibility for the security or safety of your personal data. However, we implement reasonable security measures in accordance with industry standards to protect your data. Nevertheless, we cannot guarantee absolute security, as unforeseen events beyond our control may occur.
5.5 By submitting content, you make this content and information publicly accessible. User contributions may be read, collected, used, and shared by others, and we cannot control who accesses your content or how others may use the information you voluntarily disclose or submit. User content is subject to the T&Cs.
6. COOKIES
6.1 When you access and use the Platform, we use automated data collection technologies to gather information about website activity. These technologies may include cookies, which are small text files stored in your web browser or downloaded to your device when you access the Platform.
6.2 We use the following types of cookies on the Platform:
6.2.1 Essential cookies: These cookies are necessary for the operation of the Platform. They include, for example, cookies that enable users to log in and verify whether they have access to certain Services or content.
6.2.2 Functional cookies: These cookies help us personalize and enhance your experience on the Platform. They allow us to recognize you when you return to the site and remember your preferences.
6.2.3 Analytical cookies: These cookies enable us to identify and count the number of users and understand how they navigate and interact with the Platform and uploaded content. They help us improve the Platform and Services by ensuring users can easily find what they are looking for. Additionally, we may use third-party session recording technologies to gain a better understanding of user experience.
6.2.4 Targeting and Advertising cookies: These cookies record your visits to the Platform, including the pages you view and the links you follow, to make the Platform more relevant to your interests and to display ads that may be of interest to you.
6.3 You can disable analytical, functional, and advertising/targeting cookies at any time using the "Manage Cookies" option located on the Platform. However, if you decline these cookies, certain features of the Platform may be disabled, potentially restricting access to specific parts of the Platform.
6.4 Cookies may be session cookies or persistent cookies:
6.4.1 Session cookies expire automatically when you close your browser.
6.4.2 Persistent cookies remain stored until they expire or are manually deleted. Expiration dates are set within the cookies themselves, with some expiring within minutes and others lasting for several years.
6.5 Our systems do not recognize “Do Not Track” browser signals.
6.6 We use Google as a service provider to collect and analyze information on how users interact with the Platform. This includes gathering website activity data through both first-party cookies (set by our domains) and third-party cookies (set by Google). Information collected by Google Analytics may be transferred to and stored by Google.
USER CHOICE REGARDING PERSONAL DATA
7.1 We aim to provide you with options regarding the personal data you share with us:
7.1.1 Providing personal data: You may choose not to provide certain personal data; however, this may limit your ability to use specific features of the Platform and the Services. Some information may be required to create an account, access the Platform or Services, participate in challenges, communicate with our support teams, or engage in other activities on the Platform.
7.1.2 Cookie preferences: The Cookie Banner allows you to manage your cookie settings. It records your consent for the use of cookies. The Cookie Banner manages functionality, analytics, and advertising cookies used on the Platform, but does not affect strictly necessary cookies or cookies on third-party websites. You can access the Cookie Banner at any time by selecting “Manage Cookies” on the Platform.
7.1.3 Managing user content: You may delete your submitted content, including audio/video content, through your account settings.
7.1.4 Account deletion and deactivation: You may delete or deactivate your account at any time unless legal or court orders prevent us from processing such a request. Once deactivated, your profile will no longer be accessible to you. Should you wish to create a new account in the future, you will need to re-register, as previously provided or saved information will not be retained.
8. RETENTION OF PERSONAL DATA
8.1 We retain your personal data only for as long as your account remains active or as necessary to fulfill the purposes for which it was collected, including compliance with legal, accounting, and regulatory obligations, this Privacy policy and the T&Cs.
8.2 When determining the appropriate retention period for personal data, we consider several factors, including the type of data being processed, the potential risk of harm from unauthorized disclosure, the purpose of processing, and whether the intended outcome can be achieved through alternative means without processing the data.
8.3 Once your personal data is no longer required for the purposes outlined in this Privacy policy, we will delete it from our systems.
8.4 Where possible, we will also delete your personal data upon request, as described in Section 10 of this Privacy policy.
9. THIRD PARTY LINKS
9.1 If you click on a link to a third-party website, you will be redirected to an external site that we do not control. This Privacy policy does not govern the privacy practices of such third-party websites. We strongly encourage you to review their respective privacy policies carefully. We assume no responsibility for the data practices or policies of these third parties.
YOUR RIGHTS
10.1 Subject to local laws, applicable legal requirements, and exemptions, you have certain rights concerning your personal data, including:
10.1.1 Right of access: You have the right to request information about the personal data we hold about you, how it is used, and to obtain a copy of such data.
10.1.2 Right of rectification: You have the right to correct any inaccurate or incomplete personal data concerning you.
10.1.3 Right to erasure: You have the right to request the deletion of your personal data.
10.1.4 Right to data portability: You have the right to receive the personal data you provided to us in a structured, commonly used, and machine-readable format and to transmit it to another data controller.
10.1.5 Right to object: You have the right to object to the processing of your personal data where it is based on our legitimate interests or the public interest.
10.1.6 Right to restrict processing: In certain cases, you have the right to request that we limit the processing of your personal data.
10.1.7 Right to file a complaint: You have the right to lodge a complaint with your local data protection authority.
10.2 If we process your personal data based on your consent, you have the right to withdraw that consent at any time with future effect. Please note that withdrawing consent may result in the inability to use certain functionalities on the Platform or, in some cases, access the Platform altogether.
10.3 To exercise the rights under this section you have to contact our support team. We will respond to your request within three (3) months. Before processing any access or deletion request, we will take appropriate steps to verify your identity and confirm your right to access or delete the requested data. This security measure ensures that personal data is not disclosed to unauthorized persons or deleted in an improper manner.
10.4 Certain requests to delete specific personal data may require the deletion of your entire user account, as maintaining a user account is inherently linked to the processing of certain personal information. If you choose to delete your account, all associated data—including, but not limited to, user profile details, shared content, and any other account-specific data—will no longer be accessible. If, after deleting your account, you wish to create a new one in the future, you will need to register again, as no previously stored data will be recoverable.
11. ASSIGNMENT
11.1 You may not assign or transfer, in whole or in part, your rights or obligations under this Privacy policy without the prior written consent of the Company. The Company reserves the right to assign or transfer its rights and interests under this Privacy policy at its discretion.
WAIVER
2.1 A right under this Privacy policy may be waived only in writing signed by the party granting the waiver, and such a waiver will be effective solely to the extent expressly specified therein.
EXCLUSION
3.1 Unless otherwise provided, no third party shall have any rights or claims under this Privacy policy, nor shall any provision be enforceable by anyone other than the parties bound by them.
14. GOVERNING LAW AND JURISDICTION
4.1 This Privacy policy shall be governed by the laws of Costa Rica, and you agree to submit to the exclusive jurisdiction of the courts located in Costa Rica.
15. AMENDMENTS
5.1 The Company reserves the right to amend this Privacy policy at its discretion. Any amendments shall take effect immediately upon publication on this website without the need for prior notification on the Platform or through the Services. By continuing to use the Platform and Services after such amendments, you agree to be bound by the updated Privacy policy.