Mox Alpha Privacy Policy

Last updated: June 17, 2023

This Privacy Policy describes how Holofoil Interactive LLC ("Holofoil Interactive LLC", "Holofoil Interactive", "we", "us", "our") processes personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including as applicable, our website, platform, mobile application, social media pages, marketing activities, live events and other activities described in this Privacy Policy (collectively, the "Service")). Holofoil Interactive LLC may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information.

By using our website and services, you agree to the collection and use of your information in accordance with this Privacy Policy.

Information we collect

We may collect the following types of personal information:

Contact data, such as your first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.

Demographic data, such as your city, state, country of residence, postal code, and age.

Profile data, such as the username and password that you may set to establish an online account on the Service, date of birth, biographical details, photograph or picture, links to your profiles on social networks, interests, preferences, and any other information that you add to your account profile.

Communications data based on our exchanges with you, including when you contact us through the Service, communicate with us via chat features, social media, or otherwise.

Marketing data, such as your preferences for receiving our marketing communications and details about your engagement with them.

User-generated content data, such as photos, images, music, videos, comments, questions, messages, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.

Payment data needed to complete transactions, including payment card information or bank account number. We use a third-party vendor to directly collect and process your payment data, as described further below.

Store, seller, and business data such as store, seller, and business name(s) and location(s), and transaction and revenue data.

Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Third party sources. We may combine personal information we receive from you with personal information we obtain from other sources, such as:

Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.

Private sources, such as data providers, social media platforms and data licensors.

Our affiliate partners, such as our affiliate network provider and publishers, influencers, and promoters who participate in our paid affiliate programs.

Marketing partners, such as joint marketing partners and event co-sponsors.

Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.

Automatic data collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:

Device data, such as your computer or mobile device's operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.

Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.

Approximate Location data when you authorize the Service to access your device's approximate geographic location.

Communication interaction data such as your interactions with our email or other communications (e.g., whether you open and/or forward emails) - we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.

We may also use cookies and tracking technologies to enhance your user experience and analyze our website's performance. You can choose to accept or decline cookies through your browser settings.

Data about others. We may offer features that help users invite their friends or contacts to use the Service, and we may collect contact details about these invitees so we can deliver their invitations. Please do not refer someone to us or share their contact details with us unless you have their permission to do so.

How we use your information

We may use your personal information for the following purposes or as otherwise described at the time of collection:

Service delivery and operations. We may use your personal information to:

• provide and operate the Service and our business;
• personalize the Service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service; establish and maintain your user profile on the Service;
• establish and maintain your user profile on the Service;
• support and process purchases, risk and fraud screening, authentication and payments; facilitate your invitations to friends who you want to invite to join the Service;
• facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service and providing chat or messaging functionality;
• enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
• communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
• communicate with you about events or contests in which you participate; understand your needs and interests, and personalize your experience with the Service and our communications; and
• provide support for the Service, and respond to your requests, questions and feedback.

Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services. As part of these activities, we may create aggregated, de-identified and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business and will not attempt to reidentify any such data.

Marketing and advertising. We, our service providers and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:

• Direct marketing. We may send you emails, push messages, and other direct marketing communications and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications by contacting us as described in the Contact Us section below.
• Interest-based advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.

Service improvement and analytics. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.

Compliance and protection. We may use your personal information to:

• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations or requests from government authorities; protect our, your or others' rights, privacy, safety or property (including by making and defending legal claims);
• audit our internal processes for compliance with legal and contractual requirements or our internal policies;
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With your consent. In some cases, we may specifically ask for your consent to collect, use or share your personal information, such as when required by law.

Retention. We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes, unless specifically authorized to be retained longer. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

When we no longer require the personal information we have collected about you, we may either delete it, anonymize, aggregate or deidentify it, or isolate it from further processing.

How we share your personal information

We may share your personal information with the following parties and as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection.

Affiliates. Our corporate parent, subsidiaries, and affiliates.

Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as hosting, information technology, online chat functionality providers, customer support, email delivery, marketing, consumer research and website analytics).

Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processors, such as Stripe or other providers. You may review the privacy policy(ies) for Stripe, or the policies of other providers when you are directed to their sites, to learn how they use your payment information.

Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.

Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.

Linked third-party services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party's use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.

Professional advisors. Professional advisors, such as lawyers, auditors, bankers, insurers, or other advisors where necessary in the course of the professional services that they render to us.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above.

Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Mox Alpha or Holofoil Interactive LLC, financing of Mox Alpha or Holofoil Interactive LLC, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of TCGplayer as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.

Other users and the public. Your profile and other user-generated content data (except for messages) may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as when you add a product to your Watchlist, provide comments, reviews, survey responses, or share other content. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

Your choices

In this section, we describe the rights and choices available to all users. Users who are located in California, Virginia, or Europe can find information about their additional rights below.

Access or update your information. If you have registered for an account with us through the Service, you may review and update certain account information by logging into the account.

Opt-out of communications. You may opt-out of marketing-related emails by by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. You may opt-out of mobile push messages by disabling them in your mobile device's settings.

If you receive marketing text messages from us, you may opt out of receiving further text messages from us by replying STOP to our message.

Cookies. You can choose to accept or decline cookies through your browser settings.

Blocking images/clear gifs. Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.

Mobile location data. You can disable our access to your device's approximate geolocation in your mobile device settings.

Push notifications and device permissions. You may revoke any permissions you previously granted to us, such as permission to access your camera or camera roll, through the settings on your mobile device. You may opt out of push notifications by changing the settings on your mobile device.

Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:

• Browser settings. Changing your internet web browser settings to block third-party cookies.
• Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
• Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
  • Google: https://adssettings.google.com/
  • Facebook: https://www.facebook.com/about/ads
• Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:
  • Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
  • Digital Advertising Alliance: https://optout.aboutads.info/
  • AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which will allow you to opt-out of interest-based ads in mobile apps served by participating members of the Digital Advertising Alliance.
• Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes.

We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.

Do Not Track. Some Internet browsers may be configured to send "Do Not Track" signals to the online services that you visit. We currently do not respond to "Do Not Track" signals. To find out more about "Do Not Track," please visit http://www.allaboutdnt.com.

Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.

Linked third-party platforms. If you choose to connect to the Service through your social media account or other third-party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third-party platform, that choice will not apply to information that we have already received from that third party.

Other sites and services

The Service may contain links to third party websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications or online services operated by third parties, and we are not responsible for their actions nor are they subject to this Privacy Policy. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.

Security

We employ technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.

International data transfer

We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.

Users in Europe should read the important information provided below about transfer of personal information outside of Europe.

Children

The Service is not intended for use by anyone under 13 years of age, or for users in Europe, the age of majority. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have collected personal information through the Service from a child without the consent of the child's parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

Children's Online Privacy Protection Act

Minors and children should not use our websites, apps, emails, and other products, services and platforms. By using our websites, apps, emails, and other products, services and platforms, you represent that you have the legal capacity to enter into a binding agreement.

Our websites, apps, emails, and other products, services and platforms does not knowingly collect or store any Personal Information from children under thirteen (13) in the United States or under the relevant age threshold in other jurisdictions where the child is located. If you are under thirteen (13) years old in the United States, or under the relevant age threshold in the jurisdiction where you are located, you cannot use our websites, apps, emails, and other products, services and platforms without the permission of your parent or guardian.

We may collect technical information required for delivering the service and for the support of our internal operations from all users of our websites, apps, emails, and other products, services and platforms. If parents or guardians believe that we have unintentionally collected their children's other Personal Information or otherwise used their children's Personal Information, please contact us.

Contact us

To submit requests under the CCPA or GDPR, please see the relevant sections below. For any other questions you have about this Privacy Policy, please contact us at [email protected].

State privacy rights notice

Except as otherwise provided, this section applies to residents of California and Virginia, and other states with privacy laws applicable to us that grant their residents the rights described below, including the California Consumer Privacy Act ("CCPA") and the Virginia Consumer Data Protection Act ("VCDPA").

For purposes of this section, "personal information" has the meaning given to "personal data", "personal information" or similar terms under the applicable privacy laws of the state in which you reside. Please note that not all rights listed below may be afforded to all users and that if you are not a resident of the relevant states, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it.

In some cases, we may provide a different privacy notice to certain categories of residents of these states, such as job applicants, in which case that notice will apply with respect to the activities it describes instead of this section.

Your privacy rights. You may have some or all of the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.

• Right to information/know. You can request whether we have collected your personal information, and in certain cases, information about how we use and share it. For example, if you are a California resident, you can request information for the past 12 months about the categories of personal information that we have collected; the categories of sources from which we collected personal information; the business or commercial purpose for collecting, sharing and/or selling personal information; the categories of any personal information that we sold or disclosed for a business purpose; and the categories of any third parties with whom personal information was sold, shared or disclosed for a business purpose.
• Right to access. You can request a copy of the specific pieces of personal information that we have collected about you.
• Right to correction. You can ask us to correct inaccurate personal information that we have collected about you.
• Right to deletion. You can ask us to delete certain personal information that we have collected from you. Please note that once we process a deletion request, we will be unable to provide any online or digital services to you or support for past products or services that you may have purchased.
• Right to opt-out
  • Opt-out of the sharing of personal information (i.e., tracking for targeted advertising purposes). You can opt-out of certain tracking activities for targeted advertising (also known as interest-based advertising) purposes.
  • Opt-out of the sale of personal information. You may ask us not to "sell" personal information we have collected about you to third parties now or in the future. The right to opt out of personal information sales is separate from our direct communications with you for marketing purposes.
• Sensitive personal information. You have the right to limit the certain uses or disclosures of sensitive personal information; however, we do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the CCPA.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by applicable privacy laws.

To exercise your right to information/know, access, correction, and deletion, email us atL [email protected]

We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

If you are a resident of Virginia, you can ask to appeal any denial of your request in the same manner through which you may submit a request.

Notice of right to opt-out of sales and sharing of personal information / Exercising your right to opt-out of tracking for targeted advertising purposes. While we do not sell personal information for money, we, like many companies, use services that help deliver interest-based ads to you as described above. Applicable privacy laws may classify our use of some of these services as "sharing" your personal information with the advertising partners that provide the services because they use personal information from our users (e.g., device information and technical usage information) to provide cross-context behavioral advertising. These advertising partners use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. You have the right to direct us to not "share" personal information for cross-context behavioral advertising, and you can submit requests to opt-out of such advertising or other sales or sharing of personal information at MoxAlpha.com by contacting us. Your request to opt-out will apply only to the browser(s) and the device(s) specified in your communication to us.

Sales. We do not "sell" personal information as defined by the CCPA and have not sold personal information in the preceding 12 months except to the extent that use of the interest-based advertising services described above constitutes a "sale" under the CCPA. We do not have actual knowledge that we have sold or shared the personal information of California residents who are under 16 years of age.

Retention. We will retain each category of personal information identified below for as long as reasonably necessary to maintain the Service, to meet legal and accounting obligations, and for the other purposes described in this Privacy Policy, or as otherwise required or permitted by law, unless specifically authorized to be retained longer. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends. For more information about our retention policy, including how we determine the appropriate retention period for personal information, please see the Retention section earlier in this Privacy Policy.

Deidentification. We do not to attempt to reidentify deidentified information derived from personal information, except for the purpose of testing whether our deidentification processes comply with applicable law.

Personal information that we collect, use and disclose. The chart below summarizes the personal information we collect by reference to the categories of personal information specified in the CCPA (Cal. Civ. Code §1798.140) and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. The terms in the chart refer to the categories of information, statutory categories, and third parties described above in this Privacy Policy in more detail. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. The categories of sources from which the personal information is or was collected and the business or commercial purposes for collecting such information are as described in the "Personal information we collect" and "How we use your personal information" sections above.