Last update 01 December 2023
Originals4fans.com is owned and operated by O4f Vertriebs und Marketing GmbH, “eingetragen in Österreich, mit Hauptgeschäftssitz in “Argentinierstraße 48/14, 1040 Wien, Österreich, ID-Nummer: 614551b”, incorporated under the laws of AUSTRIA (also “O4f”, “we” or “us” or “our”).
We appreciate you visiting our Platform and your interest in the products and services we offer. Protecting your personal data is very important to us. In this Privacy Notice, we explain how we collect your personal data when you use our Platform, obtain products or services from us, interact with us in relation to a contract, communicate with us or otherwise deal with us, what we do with your personal data, for what purposes and on what legal foundation we do so, and what rights you have on that basis. When appropriate we will provide just-in-time notice to cover any additional processing activities not mentioned in this Privacy Notice. In addition, we may inform you about the processing of your data separately, for example in consentforms, terms and conditions, additional privacy notices, forms and other notices. We use the word "data” here interchangeably with “personal data”.
“Personal data" means any information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person; "sensitive personal data" is a subset of personal data and revealing e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, health data or data concerning a natural person's sex life or sexual orientation.
"Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
If you provide information to us about any person other than yourself, your employees, counterparties, your advisers or your suppliers, you must ensure that the data is accurate and that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.
This Privacy Notice is aligned with the EU General Data Protection Regulation("GDPR"), Austria Data Protection Act and the revised Austrian Data Protection Act. However, the application of these laws depends on each individual case.
The responsible person for processing your data under this Privacy Notice ("Controller") unless we tell you otherwise in an individual case is:
O4f Vertriebs und Marketing GmbH,
Argentinierstraße 48/14 1040
You may contact us regarding data protection matters and exercise your rights at: [email protected].
The processing of personal data is limited to data that is required to operate a functional website and platform and for the provision of content, products and services. The processing of personal data of our users is based on the purposes agreed or on a legal basis. We only collect personal data that is necessary to implement and process our tasks and services or if you provide data voluntarily. Depending on the reason and purpose of the processing, we process different data about you:
When you use our website and Platform, or other online offerings, we collect the IP address of your terminal device and other technical data in order to ensure the functionality and security of these offerings. This data includes logs with records of the use of our systems. We generally keep technical data for 6 months. In order to ensure the functionality of these offerings, we may also assign an individual code to you or your device (e.g., as a cookie, see Section 14). Technical data as such does not permit drawing conclusions about your identity. However, technical data may be linked with other categories of data (and potentially with your person) in relation to user accounts, registrations, access controls or the performance of a contract
Technical data includes:
This may help us to provide an appropriate layout for the website, respectively Platform. We know through which provider you access our offerings (and therefore also the region) because of the IP address, but usually this does not tell us who you are. However, this changes for example when you create a user account, because personal data can then be linked with technical data (e.g., we can know the browser you use to access an account through our Platform).
User Account and Registration Data
Our services can only be used with a user account or a registration (e.g., purchase of NFTs, payout of Award Shares). Such data will be kept for 12 months from the date of the use of the services or the user account is closed.
If you use our O4f Platform with your created user account, we collect the following data from you:
User account data includes:
When you get in contact with us via contact form, e-mail, telephone, chat, or by letter or other means of communication, we collect the data exchanged between you and us, including your contact details and the metadata of the communication. If we record telephone conversations, we will tell you specifically. If we have to confirm your identity, for example in relation to a request for information, a request for press access, etc., we collect data to identify you (e.g., a copy of an ID document). We generally keep this data for 12 months from the last exchange between us. This period may be longer where required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. E-Mails in personal mailboxes and written correspondence are generally kept for at least 10 years. Chats are generally stored for 2 years.
Communication data includes:
Master data is the basic data that we need, in addition to contract data (see below), for the performance of our contractual and other business relationships or for marketing and promotional purposes, such as name and contact details, and information about, for example, your role and function, your bank details, your date of birth, customer history, powers of attorney, signature authorizations and declarations of consent. We process your master data if you are a customer or other business contact or work for one (e.g., as a contact person of the business partner), or because we wish to address you for our own purposes or for the purposes of a contractual partner (e.g., as part of marketing and advertising, for invitations to events, for vouchers, newsletters, etc.). We receive master data from you (e.g., when you buy something on our website), from parties you work for, or from third parties such as contractual partners, associations and address brokers, and from public sources such as public registers or the internet (websites, social media, etc.) or from activity that is publicly visible and/or accessible on blockchains (e.g., Blockchain address, information regarding purchases, sales, or transfer of NFTs, which may then be associated with other data you have provided to us). We generally keep master data for 10 years from the last exchange between us but at least from the end of the contract. This period may be longer if required for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. For contacts used only for marketing and advertising, the period is usually much shorter, usually no more than 2 years from the last contact.
Master data is not comprehensively collected for all contact. Rather, the collection of master data depends on the individual case and purpose of the processing. In general, it may include:
We collect contract data in relation to the conclusion or performance of a contract, e.g. information about the products and the services provided or to be provided, as well as data from the period leading up to the conclusion of a contract, information required or used for performing a contract, and information about feedback (e.g. complaints, feedback about satisfaction, etc.). We generally collect this data from you, from contractual partners and from third parties involved in the performance of the contract, but also from third-party sources (e.g., credit information providers) and from public sources. We generally keep this data for 10 years from the last contract activity but at least from the end of the contract. This period may be longer where necessary for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons.
Contract data includes:
We receive this data partly from you (e.g., when you make payments), but also from credit agencies and debt collection companies and from public sources (e.g., a commercial register).
Behavioral and preference data
Depending on our relationship with you, we try to get to know you better and to tailor our products, services and offers to you. For this purpose, we collect and process data about your behavior and preferences. We do so by evaluating information about your behavior and we may also supplement this information with third-party information, including from public sources. Based on this data, we can for example determine the likelihood that you will use certain services or behave in a certain way. The data processed for this purpose is already known to us (e.g., where and when you use our services), or we collect it by recording your behavior (for example how you navigate our website. We anonymize or delete this data when it is no longer relevant for the purposes pursued, which may be - depending on the nature of the data - between 2-3 weeks and 24 months (for product and service preferences) This period may be longer as for evidentiary purposes, to comply with legal or contractual requirements, or for technical reasons. We describe how tracking works on our website in Sections 16 et seq.
Behavioral data includes:
Preference data provides information on your needs, which products or services you might be interested in. We obtain this information by analysing existing data, such as behavioral data, so that we get to know you better and can better tailor our products and services to you. Such data also contributes to a general improvement of our products and services. We combine this data with other data we obtain from third parties, such as address broker, administrative office and publicly available sources (e.g. the internet), such as information about your household size, income bracket and purchasing power, shopping behaviour, contact data of relatives, and anonymous information from statistical offices
Behavioral and preference data may be analysed on a personally identifiable basis (e.g., to show you personalized advertising), but also on a non-identifiable basis (e.g., for market research or product development). Behavioral and preference data may also be combined with other data (e.g., motion data may be used for contact tracing as part of a health protection concept)
We also collect data from you in other situations. For example, data that may relate to you (such as files, evidence, etc.) is processed in relation to administrative or judicial proceedings. We may also collect data for health protection (e.g., as part of health protection concepts). We may obtain or create photos, videos and sound recordings in which you may be identifiable (e.g., at events, with security cameras, etc.). We may also collect data about who enters certain buildings, and when or who has access rights (including in relation to access controls, based on registration data or lists of visitors etc.), who participates in events or campaigns, e.g. competitions and who uses our infrastructure and systems and when. The retention period for this data depends on the processing purpose and is limited to what is necessary. This ranges from one or two days for many of the security cameras, to usually a few weeks in case of data for contact tracing and visitor data that is usually kept for 3 months, to several years or longer for reports about events with images.
Much of the data set out in this Section is provided to us by you, e.g. through forms, in relation to communication with us, in relation to contracts, when you use the website, etc. You are not obliged or required to disclose data to us except in individual cases, for example within the framework of binding health protection concepts (legal obligations). If you wish to enter into contracts with us or use our services, you must also provide us with certain data, in particular master data, contract data and registration data, as part of your contractual obligation under the relevant contract. When using our website, the processing of technical data cannot be avoided. If you wish to gain access to certain systems or buildings, you must also provide us with registration data. However, in the case of behavioral and preference data, you have the option of objecting or not giving consent.
We provide certain services to you only if you provide us with registration data, because we or our contractual partners wish to know who uses our services or has accepted an invitation to an event, because it is a technical requirement or because we wish to communicate with you. If you or the person you represent (e.g, your employer) wishes to enter into or perform a contract with us, we must collect master data, contract data and communication data from you, and we process technical data
if you wish to use our website or other electronic offerings for this purpose. If you do not provide us with the data necessary for the conclusion and performance of the contract, you should expect that we may refuse to conclude the contract, that you may commit a breach of contract or that we will not perform the contract. Similarly, we can only submit a response to a request from you if we process communication data and - if you communicate with us online - possibly also technical data. Also, the use of our website is not possible without us receiving technical data.
As far as it is not unlawful we also collect data from public sources (e.g., debt collection registers land registers, commercial registers, the media, or the internet including social media) or receive data from other companies within our group, from public authorities and from other third parties (such as credit agencies, address brokers, associations, contractual partners, internet analytics services, etc.).
The categories of personal data that we receive about you from third parties include, in particular, information from public registers, information that we receive in relation to administrative and legal proceedings, information in relation to your professional functions and activities (so that we can, for example, conclude and process transactions with your employer with your assistance), information about you in correspondence and meetings with third parties, credit information (where we conduct business with you in a personal capacity), information about you that persons related to you (family, advisors, legal representatives, etc.) share with us so that we can conclude or perform contracts with you or involving you (for example references, your delivery address, powers of attorney, information about compliance with legal requirements such as those relating to fraud prevention and the combating of money laundering and terrorist financing, export restrictions, information from banks insurance companies, sales and other contractual partners of us about your use or provision of services (e.g., payments, purchases, etc.), information from the media and the internet about the use or provision of services by you (e.g., payments made, purchases made, etc.), information from the media and the internet about you (where appropriate in a specific case, e.g. in the context of an application, marketing/sales, press review, etc., your address and potentially interests and other socio-demographic data (especially for marketing and research purposes) and data in relation to the use of third-party websites and online offerings where such use can be linked to you.
We process your data for the purposes explained below. Further information is set out in Sections 13 et seq for online services. These purposes and their objectives represent interests of us and potentially of third parties. You can find further information on the legal basis of our processing in Section 5.
Where we asked for your consent (e.g., for receiving newsletters and for personalized content or advertising based on your usage behaviour or for processing sensitive data), we process your data based on such consent. You may withdraw your consent at any time with effect for the future by providing us written notice (email sufficient), see our contact details in Section 2. If you like to withdraw your consent for online tracking, please see Section 14. Withdrawal of your consent does not affect the lawfulness of the processing that we have carried out prior to your withdrawal, nor does it affect the processing of your data based on other processing grounds.
Where we did not ask for your consent, we process your data on other legal grounds, such as:
We might analyse aspects of your individual's personality, behaviour, interest and habits, make predictions or decisions about them for the purposes laid out in Section 4, e.g., to perform statistical analysis or to prevent misuse and security risks. This analysis identifies correlations between different behaviours and characteristics to create profiles for individuals. For example, we may use profiling to determine products or services you might be interested in. We may also use profiling to assess your creditworthiness. We do not use profiling that can produce legal effects concerning you or similarly significantly affect you without human review.
In certain circumstances, automated decision taking might be necessary for reasons of efficiency and consistency. In such cases, we will inform you accordingly and take the measures required by applicable law.
By using our Platform, you acknowledge that your personal data, including your third-party wallet address, is stored on publicly searchable blockchains and neither O4f, nor any third party, has any power to delete such data published by its users to the blockchain. You hereby release and indemnify O4f of any data privacy liability associated with data that you published to the blockchain by using our Platform.
In order to perform our contracts, fulfil our legal obligations, protect our legitimate interest and the other purposes and legal grounds set out above, we may disclose your data to third parties, in particular to the following categories of recipients:
|Social Media Platform and Adresses
Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103
A Medium Corporation, P.O. Box 602, San Francisco, CA 94104
Meta Platforms Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland
#200 San Francisco, CA 94107, USA is the data controller.
|Social Media Platform and Adresses
Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland
Unless otherwise stated in a service-specific privacy notice, the data controller responsible for processing your information depends on where you are based:
Google Ireland Limited Google Ireland Limited Gordon House, Barrow Street, Dublin 4, Ireland for users of Google services based in the European Economic Area or Switzerland Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA for users of Google services based in the United Kingdom
The data transfer takes place regardless of whether you have an account on the social media platform or are logged in there. If you are logged in, the data collected is directly assigned to your account on the social media platform. If you click the activated button and, for example, link to the website, the social media platform also saves this information in your account and shares it with your contacts.
We recommend that you log out regularly after using a social network, but especially before activating the sign-in button, as this allows you to avoid an assignment to your profile on the social media platform.
If you click on the link to an offer or activate a social plug-in, personal data may reach providers in countries outside the European Economic Area which, is considered not to provide adequate data protection from a Swiss/EU perspective. Therefore, we have agreed to so-called standard data protection clauses (SCCs) with the social media providers in order to ensure compliance with an appropriate level of data protection in third countries.
You can withdraw your consent at any time. Please note that such withdrawal does not affect the permissibility of the processing until such withdrawal. The easiest way to withdraw your consent is via our consent management tool or via the functions of the social media providers.
Integration of YouTube videos
We have integrated YouTube videos into our online offering that are stored on YouTube.com and can be played directly from our website. These are all integrated into "extended data protection mode" i.e. no data about you as a user is transmitted to YouTube provided that you do not play the videos, however, if you play the videos, the data mentioned below is transferred. We have no influence on this data transfer. The legal basis for the display of the videos is your consent, i.e. the integration only takes place after your consent
By visiting the website, YouTube receives the information that you have called up the corresponding sub-page of our website. In addition, basic data such as IP-address and timestamp are transmitted. This occurs regardless of whether YouTube provides a user account through which you are logged in or whether there you have no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile on YouTube, you must log out before activating the button. YouTube stores your data as user profiles and uses them for purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles. In order to do so, you must contact YouTube (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) to exercise this right.
Our Appearance on Social Networks
We are present on the following social media platforms: e.g. Twitter, LinkedIn, Instagram, Medium Discord and collect data about you as described in Section 3 and below. We receive this data from you and the platforms, when you enter into contact with us via our online presence (e.g. when you communicate with us, comment on our content or visit our presence).
At the same time, the platforms evaluate your use of our online presence and link this data with other data about you known to the platforms (e.g., about your behaviour and preferences). They also process this data for their own purposes under their own responsibility, in particular for marketing and market research purposes (e.g., to personalize advertising) and to control their platform (e.g., which content they show to you). This also happens, if you do not have a profile on the social media platform.
We process this data for the purposes described in Section 4, in particular for communication marketing purposes and market research. You will find information on the legal basis in Section 5.
We would like to point out that you use our presence on social media platforms and their functions or your own responsibility. This applies, in particular to the use of interactive functions (e.g., commenting sharing, rating).
|Social Media Platform and Adresses
Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103
A Medium Corporation, P.O. Box 602, San Francisco, CA 94104 Instagram https://help.instagram.com/1558337079003 88 Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025.USA
For users in the Designated Countries: LinkedIn Ireland Unlimited Company
Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Irelano
The data collected about you in this context is processed by the platforms and may be transferred to countries outside the European Union, in particular the USA, which is considered not to provide adequate data protection from a Swiss/EU perspective. Therefore, we have agreed to so-called standard data protection clauses (SCCs) with the social media providers in order to ensure compliance with an appropriate level of data protection in third countries.
We do not know how the social media platforms use the data from your visit to our account and interaction with our posts for their own purposes, how long this data is stored and whether data is passed on to third parties. The data processing may differ depending on whether you are registered and logged in to the social network or visit the site as a non-registered and/or non-logged-in user. When you access a post or the account, the IP address assigned to your terminal device is transmitted to the provider of the social media platform. If you are currently logged in as a user, a cookie on your end device can be used to track how you have moved around the network. Buttons embedded in websites enable the platforms to record your visits to these website pages and assign them to your respective profile. Based on this data, content or advertising can be offered tailored to you. If you wish to avoid this, you should log out or deactivate the "stay logged in" function, delete the cookies on your device and restart your browser.
To exercise your data subject rights, you can contact both, us or the provider of the social media platform. To the extent that one party is not responsible for responding or must obtain the information from the other party, we or the provider will then forward your request to the respective partner. Please contact the provider of the social media platform directly for questions about profiling, processing of your data when using the website. For questions about the processing of your interaction with us on our site, write to the contact details provided by us above.
For further information on the purpose and scope of data collection and processing by the social media platform, please review the privacy notices of these social media platforms, where you will also receive further information about your rights and about setting options for protecting your privacy.
As we have explained in Section 7, we disclose data to other parties, not all of them located in Switzerland. Your data may be processed in the European Economic Area (EEA) and in exceptional circumstances also in countries outside the EEA and around the world, which includes countries that do not provide the same level of data protection as Switzerland or the EEA and are not recognized as providing an adequate level of data protection. We only transfer data to these countries when it is necessary for the performance of a contract or for the exercise or defence of legal claims, or if such transfer is based on your explicit consent or subject to safeguards that assure the protection of your data, such as the European Commission approved standard contractual clauses.
We only process your data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of complying with legal retention requirements and where required to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled. Upon expiry of the applicable retention period we will securely destroy your data in accordance with applicable laws and regulations.
We take appropriate organizational and technical security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
However, we and your personal data can still become victims of cyber-attacks, cybercrime, brute force, hacker attacks and further fraudulent and malicious activity including but not limited to viruses, forgeries, malfunctions and interruptions which are out of our control and responsibility.
We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You have various rights in relation to our processing of your personal data, depending on the applicable data protection law:
Under applicable data protection law, you have the right to object at any time to the processing of personal data pertaining to you under certain circumstances, in particular where your data is processed in the public interest, on the basis of a balance of interests or for direct marketing purposes.
If you like to exercise the above-mentioned rights, please contact us at [email protected] or the contact details provided under Section 2 unless otherwise specified or agreed. Please note that we need to identify you to prevent misuse, e.g., by means of a copy of your ID card or passport, unless identification is possible otherwise.
If you subscribe to one of our newsletters offered, you may cancel the subscription at any time by using the option to unsubscribe contained in the newsletter.
However, depending on the purpose of these cookies, we may ask for your express prior consent before they are used. You can access your current settings by clicking on the "Change Your Cookies" - button below and/or at our website and you can withdraw your consent under the same link at any time. You can also set your browser to block or deceive certain types of cookies or alternative technologies, or to delete existing cookies. You can also add software to your browser that blocks certain third-party tracking. You can find more information on the help pages of your browser (usually with the keyword "Privacy") or on the websites of the third parties set out in our Consent Management Tool.
Based on your consent we use tracking tools to ensure a tailored design and the continuous optimization of our website. We also use the following tracking tools to statistically record the use of our website and evaluate it for the purpose of optimizing the content we show you:
Due to the continuous development of our website and the contents thereof, changes in law or regulatory requirements, we might need to change this privacy notice from time to time. Our current privacy notice can be found on our website.
Effective date: 01/12/2023
Originals4fans.com (hereinafter – “O4f”, “we”, “our”, “us”) is a service which is providing its users possibility to create, purchase, sell or exchange any digital and virtual assets, including without limitation non-fungible tokens (NFTs) and Fan Tokens via auction or within any procedure defined by O4f. Service is provided according to the Terms & Conditions (hier link einfügen) and is implemented and provided on different platforms like mobile apps, our website located at www.originals4fans.com our related social media pages and others. For simplicity we refer to all of these as our “services” in this Privacy Notice.
What are cookies
Cookies is a small piece of data that is sent from our website (or from another domain) and is saved by a web browser on your computer, mobile phone, or another portable device. Cookies can be placed, read, and/or written to by our services, or other websites or services that recognize a particular cookie, which allows the website to «remember» or «recognize» a particular browser or device and, in some cases, store information about that browser or device.
Purposes of cookies
Cookies help you to make better use of our services, and also help us to better understand you, in particular learn about your preferences and offer you personalized services and goods. Most of web browsers automatically accept cookies, however you can change these settings. A more detailed description of how to do this can be found on the Internet by going to the website of the developer of your browser. Unfortunately, if you disable cookies, the functionality of many websites will not be accessible.
How long cookies are stores on my system
What cookies we use
Like many other websites, we use the following types of cookies:
Analytics and performance.
To learn more about Google Analytics and to learn how to opt out of tracking of analytics by Google click here.
You can manage the cookies stored on your device, or turn them off completely, through your browser settings. Please note, that such actions may affect your browsing experience or even prevent you from using our services. All contemporary browsers will let you change your cookie settings to give you full control over whether cookies can be set or not. To learn more, please visit the help chapter of the browser you use.
Where you can get further information