Effective Date: February 05, 2024

Last updated: February 05, 2024

This Privacy Policy describes how Metallicus, Inc., a Delaware corporation with its main office at 660 4th Street, Suite 107, San Francisco, California 94107, and its affiliates ("Metal," "us," "we" or "our") collects, uses, stores, shares, and protects your Personal Information whenever you participate in, download, view, or use our websites (including, without limitation, metalpay.com), any of our services, including, without limitation, Metal Pay services, or any mobile application offered by us, any sweepstakes, contest, event or other promotions offered or sponsored by us, any of our application programming interfaces ("API") or any third party applications relying on such API (collectively, the "Services"). By downloading, using, or participating in the Services, you consent to the data practices prescribed in this Privacy Policy.

As specified in further detail below, we may periodically change this Privacy Policy. It is your responsibility to review this Privacy Policy frequently and we encourage you to visit this page often.

COLLECTION OF INFORMATION

INFORMATION YOU PROVIDE TO US

We collect Personal Information you provide directly or indirectly to us. "Personal Information" means information about you that is personally identifiable or from which you can be identified together with other information (e.g., your name, address, email address or phone number). Personal Information does not include information that is de-identified, aggregated, or that cannot be reasonably linked with an identifiable individual. For example, we collect Personal Information about you when you create an account to use one of our Services, download or use our mobile applications, complete a transaction on our website or mobile applications, fill out a form through our websites or mobile applications, respond to surveys from us, enter into a sweepstakes, contest or other promotion that we make available to you, post messages to our forums or otherwise communicate with us.

The type of Personal Information we collect varies, depending upon which Services you access, participate in or are using. The types of Personal Information we may collect are as follows:

• Contact information, such as your name, mailing address, telephone number, and email address.

• Financial information, such as bank account numbers, credit card numbers and virtual currency account information.

• Government identification numbers, such as your social security number or a state-issued identification number.

• Biographic or demographic information, such as your date of birth, gender, occupation, employment status and any other Personal Information you choose to provide about yourself.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may also obtain information from other sources and combine that with Personal Information we collect through the Services. For example, we may collect nonpublic Personal Information about you from third parties, including identity verification services. We obtain financial transaction history through a vendor and delete this data periodically in most cases.

We may also obtain Personal Information when we acquire a business or assets from another company, such as the acquisition of assets from Metal Pay.

INFORMATION WE COLLECT AUTOMATICALLY

When you download, access or use certain of the Services, we automatically collect Personal Information as follows:

• Transaction information: we collect information about the transaction you complete via the Services.

• Location information: we may collect precise geolocation information from your mobile device when you access or use our mobile applications. We also collect user location information when you access certain services on our websites, such as the Metal Vault digital wallet or our Metal Pay services.

• Device and log information: we collect information about the computer or mobile device you use in connection with the Services, including device identifiers, mobile network information, type of operating system, and the type of browser used. We also log information about your use of the Services, including access times, pages viewed, IP address, other standard web log data, and the page visited before and after navigating to our websites.

• Cookies and similar tracking technologies: we may use cookies, pixel tags, web beacons, and other tracking technologies to collect information about you when you interact with the Services, including information about your browsing or navigation behavior on the Services. Cookies are small data files sent from our web servers to your computer or mobile device that enable us to, for example, capture how you arrived at the Services, when you return, which pages or features on the Services you use or visit, and to recognize that you are already logged on when we receive a page request from your browser. You can modify your browser settings to decline cookies or notify you when a cookie is set. However, if you choose to decline cookies, you may not be able to use certain interactive features of our website. You can always go back and delete cookies from your browser, however, this means that any settings or preferences controlled by those cookies will also be deleted and you may need to recreate them. For more information, see www.allaboutcookies.org.

USE OF INFORMATION

We use your Personal Information as follows:

• Provide the Services, customer support, and conduct promotions (including sweepstakes and contests).

• Process transactions, send notices about your transactions, and maintain accurate records of transactions (including location data).

• Manage your account(s) and send technical notices, updates, security alerts, and support and administrative messages.

• Resolve disputes, collect fees, and troubleshoot problems.

• Prevent potentially prohibited or illegal activities, comply with U.S. and international financial regulations, and enforce our user agreements and policies.

• Personalize, measure, and improve the Services.

• Deliver our marketing and promotional offers via email.

• Link or combine your Personal Information with information we obtain from others to help understand your needs and provide you with better service.

We use your Personal Information for the following key purposes:

• To contact you: subject to applicable law, we or our third-party service and business providers may send you communications. Such communications are designed to make your experience of our Services more efficient and may include, but are not limited to: notifications about our Services and other communications (including important news that could affect your relationship with us), communications about promotions and our mobile application features. Where required under applicable data privacy laws, we will not send you marketing communications without your prior consent.

• For legal purposes: we may use and share Personal Information for legal purposes, including financial, regulatory, tax, and other legal obligations, and to respond to governmental or regulatory requests or subpoenas or for litigation purposes.

• For our legitimate business interests and those of a third party: we may use your Personal Information to manage our legal, regulatory, financial and business requirements, including obtaining legal advice, in the course of disputes and litigation, internal and/or regulatory investigations.

• For our business purposes: we may use your Personal Information to help us efficiently operate the Services, to count and recognize visitors to our Services, to enable certain features on or in our Services, and for other purposes related to managing our business.

• For other purposes: subject to applicable law, we may use your Personal Information for additional purposes in connection with the Services, where you have provided your prior consent.

DISCLOSURE OF INFORMATION

We may disclose any Personal Information we collect about you, whether you are a current or former customer, user of or participant in the Services, including nonpublic Personal Information and any other information we collect to all companies affiliated with Metal, and with nonaffiliated third parties, which include non-financial companies, such as email service providers, identity and fraud verification services, and others, such as other users of our Services with which you engage in transactions. We may make such disclosures:

• To service providers that perform support or marketing services on our behalf, including, without limitation, virtual assistants who provide customer support; and

• For our everyday business purposes, such as to process transactions, maintain accounts, comply with U.S. and international financial regulations, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share Personal Information about you as follows:

  • With any party you intend to distribute cryptocurrency or funds to, or that intends to distribute cryptocurrency or funds to you, via the Services, including information about whether your account is active and whether the account has been verified.

  • With vendors, consultants, professional advisors such as lawyers, accountants, auditors and other service providers who need access to your Personal Information to carry out work on our behalf or provide advice to us. These service providers help with our business operations such as fraud prevention, technology services, and payment processors. We enter into confidentiality agreements with these service providers and they do not have any independent right to share your Personal Information.

  • We may provide information about you or your Personal Information to (i) respond to subpoenas, court orders, legal process or governmental regulations, (ii) establish or exercise our legal rights or defend against legal claims, or (iii) enforce our user agreements or other policies and agreements. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, or as otherwise required by law.

  • In connection with, or during negotiations of, any merger, sale of Metal assets, financing or acquisition or all or a portion of our business to another company.

  • With your consent or at your direction.

• If we are under any other duty to disclose or share your information to comply with our legal obligations.

Other than in connection with a merger, sale of Metal’s assets, financing or acquisition, we will not sell or rent any of your Personal Information to third parties for their own marketing purposes.

Please note that third parties that support our customer identification and anti-fraud controls may retain and use Personal Information about you to perform services on our behalf and to improve their services. By using any of the Services, you consent to the retention and use of such information by these providers to improve their services.

We may also share aggregated or de-identified information with our affiliated companies or nonaffiliated third parties, which cannot reasonably be used to identify you.

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside your country of residence. We are headquartered in the U.S. and your Personal Information is transferred to us in the U.S., and to the third parties referenced above who may also be in the U.S. or otherwise located in a country with less stringent data privacy laws compared to those in your country of residence. We use reasonable technical and organizational security measures to protect your Personal Information when it is transferred or shared to us or our affiliates or our third party recipients.

PROTECTION OF INFORMATION

Although no data processing and transmission can be guaranteed to be 100% secure, we take reasonable steps to protect all Personal Information. Metal uses industry-standard encryption technology to safeguard the account registration process and sign-up information. Other security safeguards include, but are not limited to, data encryption, firewalls, and physical access controls to buildings and files.

DELETION OF PERSONAL INFORMATION

If for any reason you wish to delete your Personal Information stored with us, please send us an e-mail to: support@metalpay.com, and we will make reasonable efforts to delete any such Personal Information in accordance with any applicable privacy laws and consistent with reasonable recordkeeping practices. We may need to retain certain Personal Information for business records purposes, or for tax, or other legal requirements, or otherwise as permitted under applicable data privacy laws. Before honoring a request for deletion, we may need to request information from you to verify your identity.

Metal will retain your Personal Information for a minimum of five years or as necessary to comply with our legal obligations or to resolve disputes. We will also maintain copies of your information to the extent retained as part of our standard backup/archive process. In addition, these procedures will not remove any of your information that you provided to other users or third parties, or that third parties collected from websites or services linked to our Services.

ACCESS AND OBJECTION TO PROCESSING

Under applicable data privacy laws, you may have rights to request access to your Personal Information or to object to processing or request that the Personal Information you have provided to us is sent to another organization. If you would like to exercise these legal rights, please contact us at support@metalpay.com. We will need enough information to ascertain your identity as well as the nature of your request. We will aim to respond to your request within one calendar month of receipt of the request. Where we were unable to do so within the calendar month, we will notify you of the soonest practicable time within which we can respond to your request. There are certain exemptions and restrictions of these rights under the applicable data privacy laws that enable personal information to be retained, processed, or withheld from access and we will inform you of these if applicable.

YOUR CALIFORNIA PRIVACY RIGHTS

California law permits customers who are California residents to request certain information about our disclosure of personal information during the prior calendar year to third parties for their own direct marketing purposes. However, we do not sell or rent your Personal Information to any third party for their own marketing. For questions, please contact us at support@metalpay.com.

As of Jan. 1, 2020:

If you are a California resident, you also have the right to access any personal information we have collected about you and inquire about our collection, sale and disclosure of your personal by contacting us at support@metalpay.com

Your exercise of these rights will have no adverse effect on the price and quality of our goods and services.

MINORS

To use the Services, you must be of the age of majority and, at the very least, over the age of 18. In addition, to participate in a promotion, you must be eligible under the Official Rules of that promotion. Metal Pay does not knowingly collect Personal Information from persons under the age of 18 and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that persons who have not reached the age of majority or are under the age 18 are not using the Services, including participating in promotions. In the event that it comes to our knowledge that a person under the age of 18 or who has not reached the age of majority in that person’s state of residence is using the Services, we will prohibit and block such user from accessing the Services and will make all efforts to promptly delete any Personal Information stored with us with regard to such user to the extent permissible by law and financial transactions recordkeeping requirements.

DIRECT MARKETING

You agree (and, where required under applicable data privacy laws, you agree that only with your prior consent) that we may use your contact details for the purpose of informing you regarding products and services offered by us which may interest you through targeted advertising on your computer or mobile device, and to send to you advertisements and other marketing material, transmitted to the e-mail address you provide us.

You may withdraw your consent by sending a written notice to Metal by email to the following address: support@metalpay.com or in the same manner as the advertising was transmitted to you (e.g., via email). We are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we are not responsible or liable with respect to such advertisements, products and services.

If you prefer to not receive targeted advertising from third parties, you can opt out of some network advertising programs that use your information. These network advertising programs may allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. To find out more, look for icons or other information displayed in the ads. To opt out of receiving interest-based advertising from third parties, click on both of the following links:

• www.networkadvertising.org/choices/

• www.aboutads.info/choices

REFERRALS/LINKS

Our websites or mobile applications may contain links to third-party websites that may offer information of interest. This Privacy Policy does not apply to those websites, and Metal recommends reviewing those websites’ privacy policies individually. Our Services may contain products and services of third parties, so when you use the third party products or accept third party services, they may be able to obtain your data. Please read the privacy policies of these third party companies, as their policies govern their collection and use of your data.

RESPONSE TO "DO NOT TRACK" SIGNALS / THIRD PARTY DATA COLLECTION

Some Internet browsers include the ability to transmit "Do Not Track" signals. At this time, Metal does not process or respond to "Do Not Track" signals.

We do not knowingly permit third parties to collect Personal Information about your online activities over time and across different websites when you are using our Services.

COOKIES & LOCAL STORAGE

When you access or use the Services, we may use industry-wide technologies such as "cookies" or similar technologies, which store certain information on your computer ("Local Storage") and which will allow us to enable automatic activation of certain features, and make your experience with our Services much more convenient and effortless. The cookies used by the Service are created per session, do not include any information about you other than your session key (removed as your session ends (usually after 24 hours)) and the ability to login again quickly (automatically removed usually after two years, unless manually removed on an earlier occasion). It is easy to prohibit Local Storage. Most browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience may be limited. OTHER THAN THE STANDARD COOKIES MENTIONED ABOVE, PLEASE NOTICE THAT WE MAY ALSO MAKE USE OF E-TAGS WHICH WILL ENABLE US TO IDENTIFY USER BEHAVIORS. SUCH E-TAGS CAN ONLY BE REMOVED BY US AFTER RECEIVING A REQUEST FROM YOU IN WRITING IN THE MATTER.

We may also use certain third-party cookies. This is a different kind of cookie, stored on your computer by a third party, rather than by us. This kind of cookie is read-only (and not altered by us) each time you use the Service and when you visit certain websites or applications that use similar cookies.

CHANGES TO THE PRIVACY POLICY

Metal reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently and make note of the Effective Date. Where the circumstance and nature of the changes require that we notify you regarding changes to this Privacy Policy, we will provide notice on our metalpay.com website and/or we will send you an e-mail regarding such changes to the e-mail address that you have provided to us and/or that is registered with any account you establish using the Services. Such changes will take effect on the Effective Date specified in the notice, which will be at least 7 days after we provide such notice using one of the above-mentioned methods. All other changes will be effective as of the Effective Date as well. Your continued use of or participation in any of the Services after the Effective Date will constitute acceptance of, and agreement to be bound by, all changes.

RIGHT TO LODGE COMPLAINTS

We are transparent about the ways in which we collect and use Personal Information, and welcome your questions and concerns. If you have any concern or complaint about the way we handle your Personal Information, please contact us as described below. To the extent you believe we have not addressed your concerns or otherwise choose to do so, you have the right to lodge a complaint with a supervisory authority in the country where you reside and/or the United States. You may contact the US Federal Trade Commission regarding your concerns. For more information, please see https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.

FOR VERMONT USERS

We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Please contact us at support@metalpay.com

HAVE ANY QUESTIONS?

If you have any questions or concerns regarding this Privacy Policy, please contact us at support@metalpay.com. If you have any concerns regarding how we are handling your Personal Information, please contact us at support@metalpay.com. We will strive to deal with your concerns promptly.

If you wish to complain about the handling of your Personal Information outside of Metal you may, under applicable data privacy laws, have the right to raise a complaint with the supervisory authority in your country of residence.