MURAKAMI.FLOWERS

Personal Information We May Collect

“Personal Information” is information that identifies you as an individual, including:

• Public blockchain address
• Name
• Email address
• Telephone number
• Personal information included in communications you send to us

We may use third-party services to process payments in connection with the Services. If you wish to make a payment, your Personal Information may be collected by such third parties and not by us, and will be subject to the third party’s privacy policy, rather than this policy. We have no control over, and aren’t responsible for, this third party’s collection, use and disclosure of your Personal Information.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this policy.

How We May Collect Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

• Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for updates, register for an account, or make a payment.
• From Automated Means: When you use the Services, the Service may collect information automatically.
• From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms (e.g., Discord); from people with whom you’re friends or otherwise connected on social media platforms, as well as from other third parties.

How We May Use Personal Information

We and our service providers will process Personal Information only to the extent necessary to achieve the purposes of use specified below, except, as more fully set forth below, when we obtain your consent or as otherwise permitted by law. Our purposes of use of Personal Information include:

• To provide our Services, respond to your inquiries and fulfill your requests, such as to send you updates and announcements and respond to questions about our Services.
• To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
• To process your transactions or payments, including by processing transactions related to non-fungible tokens (“NFTs”) on a blockchain, communicate with you regarding your transactions or payments, and provide you with related customer service. Please also see the Blockchain Notice below under “Choices and Access” for additional details regarding our use of a public blockchain to process your transactions with us.
• To send you marketing communications about our products and services/about our products and services and third-party products and services that we believe may be of interest to you.
• To personalize your experience on the Services such as by displaying content we believe may be of interest to you based on information we have received and analyzed about you.
• To allow you to participate in sweepstakes, contests, giveaways, and similar promotions, and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
• To facilitate social sharing functionality such as integrating with social media platforms enabling you to share updates about our Services on your social media profiles.
• To allow you to send messages to another User through the Services. By using this functionality, you represent that you’re entitled to use and provide us with the other User’s name, email address, social media account ID or other information you provide.
• For our business purposes, such as data analysis, developing new products, enhancing, improving, securing or modifying the Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
• To conduct analysis based on aggregated Personal Information, for example, to calculate the percentage of our Users who have a certain zip code, where such aggregated Personal Information is no longer identifiable.
• To create Personal Information if we combine information that is not Personal Information with Personal Information (such as combining your name with your country). If we combine non-Personal Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.
• As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service, this policy and other online policies; (e) to secure and protect our Services, operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; (h) conduct audits; and (i) to allow us to pursue available remedies or limit the damages or limit the damages that we may sustain. For example, we may process Personal Information to identify any fraudulent, harmful, unauthorized, unethical or illegal activity such as use of another individual’s identity, to defend ourselves in litigation or enforce our rights or agreements with others, to complete accounting audits, and to comply with subpoenas and other court orders to process data where we have determined there is a legal requirement for us to do so.

How We May Disclose Personal Information

Your Personal Information may be disclosed:

• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing, and other similar services, subject to appropriate confidentiality obligations.
• By you, on message boards, chat, profile pages and blogs and other services to which you post information and materials (including, without limitation, our social media accounts). Any information you post or disclose through these services will become public.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
• To a public blockchain as part of transactions you may make with us. Please see the Blockchain Notice below under “Choices and Access” for additional details regarding the disclosure of your Personal Information to a public blockchain.
• As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service, this policy and other online policies; (e) to secure and protect our Services, operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to detect, prevent, or otherwise address fraud or security issues; (h)conduct audits; and to allow us to pursue available remedies or limit the damages that we may sustain.

We won’t sell your Personal Information, and we won’t exchange, transfer, or disclose it without your consent except as provided in this policy.

COOKIES AND SIMILAR TECHNOLOGIES

We and our third-party service providers may use cookies and other similar technologies as described below and for the purposes of use set forth above. We use this information to ensure that the Services function properly.

• Using cookies: Cookies are small files stored directly on the device you’re using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences and other anonymous traffic data.
• Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) are small, non-recognizable pictures downloaded to your computer when a specific website is loaded.
• Third-Party Analytics: We use Google Analytics in connection with the Services to help us analyze the traffic on the Services. Click here for more information on how Google collects and processes information. You can manage certain aspects of Google’s collection of information from your browser by using this plugin.
• Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some cases, you may be permitted to allow or deny such uses or sharing of your device’s location, but if you choose to deny such uses or sharing, we and our marketing partners may not be able to provide you with the applicable personalized services and content.

THIRD-PARTY SERVICES

This policy doesn’t address, and we aren’t responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services doesn’t imply endorsement of the linked site or service by us or by our affiliates. We aren’t responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, developers, app providers, social media platform providers, operating system providers, wireless service providers or device manufacturers, including any Personal Information you disclose to other organizations through or in connection with our social media accounts.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be completely secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below. Please also see the Blockchain Notice below under “Choices and Access” for additional details regarding the protection of your Personal Information.

RETENTION OF YOUR INFORMATION

We keep your Personal Information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and used it, requirements of applicable laws, the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the resolution of any pending or threatened disputes, and enforcement of our agreements.

When we no longer require the Personal Information, we will either delete or deidentify it or, if this is not possible, securely store it in accordance with this Privacy Policy and cease use of the Personal Information until deletion is possible. If we deidentify your Personal Information (so that it can no longer be associated with you), we may retain this information for longer periods.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information.

We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:

• Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these marketing-related emails by clicking on an unsubscribe link at the bottom of an email that you receive from us, or by responding to the emails directly and requesting removal if such a link isn’t available. Additionally, you may send a request specifying your communications preferences to nft@kaikaikiki.com. You can’t opt out of receiving transactional emails related to your account with us or our Services, e.g., emails necessary to confirm your payment or emails with important matters related to agreements you have with us (for example agreements to make a purchase or use a Service). Please note that even if you opt out of receiving the foregoing emails, we may still respond to your requests and send you administrative, maintenance and operational emails (for example, in connection with a password reset request).
• Receiving text messages or phone calls from us: Except as we describe in this policy, our Terms of Service or our other terms and conditions, we won’t typically communicate with you by text message or phone call unless you provide us with your phone number and we need to contact you for transactional purposes.

We will try to comply with your request(s) as soon as reasonably practicable and otherwise in compliance with applicable laws. Depending on the laws in your location and the nature of your request, we may charge a fee to process your request, which we will notify to you before we fulfill the request if there is a fee.

Your Other Personal Information Rights

You may view, change or delete much of the Personal Information we collect by logging into your profile and going to the “Edit Profile” page. Depending on your location, you may have other rights related to your Personal Information, and if that is the case, you may contact us as provided in the “Contacting Us” section below.

In your request, please make the nature of your request clear and what Personal Information is within the scope of your request. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. If we need to verify your identity, we will inform you for the information we need to verify your identity. Any such information collected for this purpose will only be used to verify your identity and complete your request. We may not be able to return information you provide in connection with a request, but we will destroy the information in compliance with applicable laws. We will try to comply with your request as soon as reasonably practicable and otherwise in compliance with applicable laws.

We may need to retain certain information as required by law, for recordkeeping purposes, or to complete any transactions that you began before requesting such change or deletion (e.g., when you make a payment, you may not be able to change or delete the Personal Information provided until after the completion of such payment). There may also be residual information that will remain within our databases and other records, which won’t be removed. We may not be able to fulfill your request due to certain exceptions in applicable law or due to legal obligations, and if we are not able to fulfill your request, we will notify you.

Depending on where you live, you may have a right to lodge a complaint with a regulatory authority if you believe we have violated your rights in your Personal Information. But we encourage you to contact us first at nft@kaikaikiki.com to give us a chance to address your concerns.

Blockchain Notice

In addition, if you engage in a transaction with us that relates to a public blockchain, we cannot edit, alter, modify, or delete any information that is stored on a public blockchain, for example the Ethereum blockchain, as we do not have custody or control over any public blockchains and the blockchain is immutable (it cannot be changed). The blockchain is a decentralized public ledger that records transactions across large networks of computer systems. We do not control the security of the blockchain or access to the information it contains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and NFTs held at that address. Blockchains may be open to forensic analysis and the data they contain may be linked or otherwise identified to you and reveal your Personal Information or other private information such as financial details, transactions amounts, and more.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Some web browsers may allow you to enable a do-not-track feature that alerts the websites you visit that you do not want your online activities to be tracked. We don’t respond or take any action with respect to “do not track” signals or other mechanisms that allow consumers to choose regarding the collection of Personal Information about their online activities over time and across third-party websites or online services. Please see above for your choices regarding any tracing we or our third party providers may conduct.

USE OF SERVICES BY MINORS

PLEASE SEE OUR TERMS OF SERVICE. REGARDING THE USE OF THE SERVICES BY MINORS. THE SERVICES AREN’T DIRECTED TO INDIVIDUALS UNDER THE AGE OF 18, AND WE ASK THESE INDIVIDUALS TO REFRAIN FROM PROVIDING PERSONAL INFORMATION THROUGH THE SERVICES. WE DO NOT KNOWINGLY SOLICIT PERSONAL INFORMATION FROM CHILDREN OR MINORS UNDER THE AGE OF 18 OR SEND THEM REQUESTS FOR PERSONAL INFORMATION. IF YOU BELIEVE WE HAVE COLLECTED PERSONAL INFORMATION FROM A PERSON UNDER 18 YEARS OLD WITHOUT THE CONSENT OF THEIR PARENT OR LEGAL GUARDIAN, PLEASE LET US KNOW IMMEDIATELY BY CONTACTING US AS INDICATED IN THIS POLICY AND PROVIDING SUFFICIENT INFORMATION SO WE CAN ACT APPROPRIATELY.

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

INDIVIDUALS LOCATED IN EUROPE, THE UNITED KINGDOM, AND CERTAIN U.S. STATES

If you are located in the European Economic Area, United Kingdom, or you are a resident of certain states in the United States, please review our Regional Privacy Notice.

SENSITIVE INFORMATION

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, or criminal background) on or through the Services or otherwise to us. We do not require any sensitive or special Personal Information to provide any of our Services. If you provide any sensitive or special Personal Information, please contact us so that we may assist you in deleting the information.

UPDATES TO THIS POLICY

We may change this policy. Please look at the “Last Updated” legend at the top of this page to see when this policy was last revised. Any changes to this policy will become effective when we post the revised policy on the Services. Your use of the Services following these changes means that you accept the revised policy.

CONTACTING US

If you have any questions about this policy, please contact us by email at nft@kaikaikiki.com. Email communications is not always secure, so please don’t include credit card information, sensitive, or other special categories of information in your emails or letters to us.