The Fabricant’s Privacy Policy

The Fabricant Agency B.V. with offices at

This privacy policy describes how The Fabricant collects, uses, shares, and secures your personal information when you use the Fabricant’s services for example to buy, create or trade fashion Items as NFT’s.

By subscribing to, accessing, or using the Fabricant’s services, you agree to the Fabricant’s then current privacy policy.

By subscribing to, accessing and or using the service you consent to The Fabricant collecting information which identifies you as an individual (“Personal Information”).

• Creating a User Account: If you sign up to use our Platform, we collect data such as your digital wallet address, username, and email address. If provided, we also collect your full name, location, biographical information, social links, and website link.
• Visiting and using the Site: We collect analytics data when you access or use the services principally through using cookies.
• Data are processed within The Fabricant’s platform, on the Flow blockchain and stored in the European Economic Area.
• The Fabricant does not collect face data.

You consent to The Fabricant’s collection, use, and retention of Personal Information for its legitimate interests including The Fabricant’s business purposes and for the Fabricant to perform its contract with you. Such uses may include:

• Maintaining and improving the service;
• Maintaining and improving your experience;
• Enabling you to access, view, create, list, buy, and or trade digital fashion, including using NFT’s and blockchains;
• Enabling interaction with others via the service;
• Processing payments and transactional information;
• Providing you with information such as updates, confirmations, or security alerts;
• Providing technical support;
• Responding to comments or questions;
• Informing you about products, services, news, or promotional opportunities we think might interest you;
• Analyzing and developing our business including to be able to offer new or different services.

We may share your Personal Information with the following:

• Service providers and advisers: we may share your Personal Information with third party vendors and other service providers that perform services for us or on our behalf, which may include providing professional services, such as legal and accounting services, mailing, email or chat services, fraud prevention, web hosting, or providing analytic services.
• Affiliates. Other companies owned by or under common ownership of The Fabricant, including subsidiaries and any holding company and any subsidiaries owned by the holding company. These companies will use Personal Information in the same way as we can as set out in this policy.
• Purchasers and third parties in connection with a business transaction: your Personal Information may be disclosed to third parties in connection with a transaction, such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business.
• Law enforcement, regulators and other parties for legal reasons: we may share Personal Information with third parties as required by law or if we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) detect and investigate illegal activities and breaches of agreements, including our Terms; and/or (iii) exercise or protect the rights, property, or personal safety of The Fabricant, its users or others.

The criteria used to determine the period for which Personal Information will be retained varies depending on the legal basis under which we process the Personal Information:

• Legitimate Interests. Where we are processing Personal Information based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of data subjects.
• Consent. Where we are processing Personal Information based on your consent, we generally will retain the information until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that Personal Information.
• Contract. Where we are processing Personal Information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.
• Legal Obligation. Where we are processing Personal Information based on a legal obligation, we generally will retain the information for the period of time necessary to fulfil the legal obligation. For example, when you place an order for services such as to buy an NFT from the Fabricant, we retain that information for a minimum period of six years following the end of the financial year in which you placed your order for tax purposes.
• Legal Claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

We take appropriate technical and organisational measures to secure information and to protect it against unauthorised or unlawful use and accidental loss or destruction, including:

• Minimal sharing and access to information where necessary;
• Storing information on servers protected with a security system;
• Verifying an identity prior to authorising access to information; and
• Using encryption technology in payment transactions made via our website.

We collect analytics data when you access or use the Platform through Cookies.

A “Cookie” is a small piece of data or text file stored on the local hard disk of your computer or mobile device. Some Cookies are only stored temporarily until you close your web browser. Others may remain on your browser and may collect and store data after you have left the Fabricant’s site.

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our services. They include, for example, cookies that enable you to log into secure areas.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our service when they are using it. This helps us to improve the way our service works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our services. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Targeting cookies. These cookies record your visit to our services, the pages you have visited and the links you have followed. We will use this information to make our services and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide services to us for this purpose.
• Third party cookies. Please be aware that other third parties may use their own cookies when you click on a link on our services. These third parties are responsible for setting out their own cookie and privacy policies.

How you can control Cookies

If you wish to prevent Cookies from tracking your activity, you can set your browser to block certain Cookies or notify you when a Cookie is set. If you block Cookies, some features that make the platform function properly may not work and your experience may be affected.

The Fabricant’s service uses third party blockchain technologies, such as NFT’s, which involve permanent records. These can include Personal Information. You understand the permanent nature of a blockchain may restrict the exercise of some privacy rights. You agree that The Fabricant does not control and is not responsible to you for any blockchain technologies nor for the permanence of any records and personal information which may be recorded in a blockchain.

If you are a resident in or citizen of a country in the European Economic Area, you have data privacy rights in certain circumstances as follows:

• A right to access, update or delete information. You can access, update or request deletion of your personal information within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• A right of rectification. You have a right to have your information rectified if that information is inaccurate or incomplete (however there are technical limitations concerning rectification in blockchains as noted above).
• A right to object. You have the right to object to processing of personal data.
• A right of restriction. You have the right to request restricted processing of personal information.
• A right to data portability. You have the right to be provided with a copy of information in a structured, machine-readable and commonly used format.
• A right to withdraw consent. You also have the right to withdraw your consent at any time where The Fabricant relies on consent to process your personal information.

You may contact us at studio@thefabricant.com to make such a request, for example for an update to or the correction or deletion of Personal Information which is held and controlled by the Fabricant about you. Please note that we may ask you to verify your identity and ask for information before and while responding to any such request.

You have the right to complain to a Data Protection Authority about our collection or use of your personal data. For more information, please contact the Dutch data protection authority: https://autoriteitpersoonsgegevens.nl/en

You can unsubscribe from our commercial or marketing communications following the instructions at the bottom of any email you receive from us. We do not provide your information to third parties for their direct marketing purposes. We may share aggregate or other information that no longer personally identifies you with other parties for our business purposes, marketing, analytics, or other uses.

Our policy only applies to The Fabricant’s service. It does not apply to third-party websites or services because we do not control those third parties.

We are not responsible for the privacy practices or content of third-party websites. We encourage you to review the privacy policies of those third-party sites.

We may change this policy from time to time. If we make material changes to the policy, we will use reasonable means to inform you by for example posting general information about the change on the service or communicating with you electronically.

The effective date of this policy is identified below.

If you have questions about this Policy or how we treat your Personal Information, please contact us at studio@thefabricant.com.