BEAST MODE MEDIA LTD.
Last Updated: January 21, 2021 (the “Effective Date”)
Notice for European Union Residents
Notice to Residents of the State of California
If you are a resident of the State of California, in the United States of America, and you use our Services or are otherwise subject to our Terms of Service, you have additional privacy rights described here.
In this Policy, the words "you" and "your" refer to each customer, Client, Website visitor, or Application user. For the purposes of this Policy, “Personal Information” means personally identifiable information about you or your Organization, or information that would allow someone to contact you, or any other information that is defined as such under applicable laws.
3. Applicability of this policy
4. Information we collect
5. How we use Information we collect
6. Payments Information and Services
7. Sharing and Disclosure
8. Your Choices & Rights
12. Changes to this Policy
13. Capacity to Contract
15. Contact Us
This Policy covers our treatment of Personal Information we collect about you and describes our practices with respect to the collection, use and disclosure of Personal Information through our Platform. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Policy is incorporated into our Terms of Service, and therefore governs your use of our Platform. It is your responsibility to review this Policy.
If at any time you find this Policy unacceptable or if you do not agree to, please do not use legal services over our Platform. If you have any questions about this Policy, please contact a member of our customer care team at: email@example.com
“Account” means a User account created on the CoinBeast Website or Application;
“Application” means, collectively, the CoinBeast Website together with any applicable mobile, tablet, or other smart-device applications and application program interfaces and all associated services;
“Aggregate Information” means information about Users we may collect we collect to create information that is aggregated and anonymized information that cannot be used to identify any natural person or Organization, in order to develop statistics and analytics about our Platform and improve the experience for Users on our Platform and the delivery of all services through our Website or Application. Though Aggregate Information may be derived from Personal Information, it is not Personal Information because it cannot be used to identify any natural person or Organization;
“Client” means the individual or Organization that requested the Services determined as follows: (i) if the user has requested services for his or herself, then Client means that individual who specifically requested the Services over the Platform; (ii) if the Account was created by a representative of an Organization, then the Client means that Organization;
“CoinBeast” means Beast Mode Media Ltd., a body corporate incorporated under the federal laws of Canada, together with any affiliate or associate of such corporation and any successor of the foregoing; references to “we”, “us” or “our” are references to CoinBeast
“Pro” means the individual that the User agreed to engage with over the Platform based on the User’s indication to “book” such individual through the Application. For clarity, the term “Pro” does not necessarily denote that they are a licensed or registered Pro in any field or industry and is used simply and only for classification purposes;
“including” or “include(s)” as used herein means including, without limitation;
“Member” means any User, Client, Pro, or other Organization on our Platform;
“Services” means any services contemplated by the present Terms of Service or by a scope of work provided by a Pro to a User within a Quote, including any amended or supplemented services as may be requested by the User and agreed to be delivered by the Pro over the Platform;
“Organization” means any person other than a natural person, including a corporation, association (whether incorporated or unincorporated), society, partnership, limited partnership, trust, mutual fund, charity, or not-for-profit other than any governmental entity;
“Platform” or “CoinBeast Platform” means the Application, Website, and any associated services provided by CoinBeast;
“Payments Data Controller” means Stripe, Inc. and its affiliates, including Stripe Payments Canada, Ltd. (collectively, “Stripe”), the third-party payments service provider that is responsible for your Personal Information relating to the Payments Services which enables Clients to pay for Services from Pros over the Platform;
“Payments Services” means the services provided by the Payments Data Controller in order to complete financial transactions over our Platform via the application-programming interface provided by the Payments Data Controller;
“Terms of Service” means the most recent version of the CoinBeast terms of service applicable to the Application as then posted on the Website at the following link: firstname.lastname@example.org
“User”, “you”, or “your” refers to the individual that has visited the Website and/or Application or requested the Services over the Platform; and
“Quote” means the cost and description of Services provided to a User by the Company over the Platform or one or more Services listed by a Pro over the Platform in which the Pro has stated a fixed price or hourly rate applicable to the services stated in that listing and is available for a User to select over the Platform;
“Website” means the CoinBeast website located at www.coinbeast.com and web-application, including any subdomains thereof, and any other websites through which CoinBeast makes its services available.
3. APPLICABILITY OF THIS POLICY
We will only use this Personal Information (i) for the purposes explicitly described to you at the time you provided us with the information; (ii) to respond to your inquiries about Platform Services or Services; (iii) to send you newsletters, publications, and other communications that may be of interest to you; (iv) for internal business analytics, such as understanding the demographics of visitors to our Website; and (v) to create Aggregate Information that, after being aggregated and anonymized, can no longer be used to identify you.
4. INFORMATION WE COLLECT
(a) Information you give us which is necessary to use our Platform
CoinBeast collects the following categories of information from you through the Platform:
We ask for and collect the following personal information about you when you use the CoinBeast Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations and provide access to the Platform. Without it, we may not be able to provide you with all the requested Platform Services or Services.
(b) Information you choose to give us
You may choose to provide us with additional personal information in order to obtain a better user experience when using CoinBeast Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
(c) Usage Information – Information we collect from your use of the Platform
We use Usage Information: (i) to improve and customize our Platform; (ii) to examine the effectiveness and response of visitors to information and content we put on our Platform; (iii) for business analytics purposes, such as determining usage patterns on certain pages or features on our Platform; (iv) for security and maintenance purposes; (v) from Tracking Technologies as described below; (vi) to create Aggregate Information; and (vi) other uses consistent with applicable law.
CoinBeast and its third-party vendors (including Google Analytics, who provides additional privacy notices here) may use Tracking Technologies, such as cookies and pixel tags, to collect Usage Information. “Cookies” are small files that are saved onto your device or browser through your web browser that allow us to collect certain Usage Information, and “pixel tags” are tiny graphics with unique identifiers that are embedded on the Website that allow us to collect certain Usage Information. Tracking Technologies do not, by themselves, collect Personal Information; however, we may use Tracking Technologies to, for example, identify that the device you are using has accessed certain parts of the Website and may associate that information with Personal Information you have voluntarily provided us.
Please note that you have choices with respect to the use of Tracking Technologies and may, in some instances, disable them depending on your preferences. Please see “Managing Your Information”, below, for more information.
(d) Information from Third Parties
CoinBeast and the Payments Data Controller may collect information, including Personal Information, that others provide about you when they use the CoinBeast Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the CoinBeast Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your Personal Information to us should be directed to such third parties.
Information from third parties could include, but is not limited to the following:
5. HOW WE USE INFORMATION WE COLLECT
We may use, store, and process personal information for (1) marketing purposes, such as email campaigns, referral campaigns, or any other marketing tools or method saw fit by CoinBeast, (2) to provide, understand, improve, and develop the CoinBeast Platform, (3) to create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with our policies) and (4) to provide, personalize, measure, and improve our advertising and marketing.
(a) Provide, Improve, and Develop the CoinBeast Platform
We may use the Personal Information to provide, improve, and develop the Platform such as to:
We process this personal information for these purposes given our legitimate interest in improving the CoinBeast Platform and our Users’ experience with it, and where it is necessary for the adequate performance of the contract with you.
(b) Create and Maintain a Trusted and Safer Environment
We may use the personal information to create and maintain a trusted and safer environment such as to:
We process this personal information for these purposes given our legitimate interest in protecting the CoinBeast Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
(c) Provide, Personalize, Measure, and Improve our Advertising and Marketing
We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:
6. PAYMENTS INFORMATION AND SERVICES
(a) Collection of information necessary for the use of Payment Services
The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
(b) How the Payments Data Controller uses the Personal Information Collected
We may use or provide Personal Information to Stripe as a part of Payment services such as to:
Stripe processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
7. SHARING AND DISCLOSURE
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your CoinBeast Account, if any, or when you participate in promotional activities conducted by our partners or other third parties.
(a) Advertising and Social Media; Sharing with Your Consent
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the CoinBeast Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal information are not controlled or supervised by CoinBeast. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.
Please note that you may, at any time ask CoinBeast to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
(b) Sharing between Pros and Clients
To help facilitate bookings or other interactions between Pros and Clients, we may need to share certain information, including Personal Information, with Pros over our Planform, as it is necessary to enable you to obtain Services over our Platform and ensure adequate performance of the contract between CoinBeast and its Users. This includes the following disclosure of information:
We don’t share your billing and payout information.
(c) Profiles, Listings, and other Public Information of Pros
The CoinBeast Platform lets Pros publish information, including Personal Information, that is visible to the general public. For example:
Based on our legitimate interest to promote the CoinBeast Platform we may display parts of the CoinBeast Platform (e.g., your Profile page or hourly rate) on sites operated by CoinBeast’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the CoinBeast Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
(d) Additional Services used by Pros
Pros may need to use third party services available through our Platform to assist with managing their Services or providing additional services requested by you, such as a calendar provider, Calendly, or video conferencing software, such as Zoom. Pros may use features on the Platform to share information about a Client with such third party service providers for the purposes of coordinating the delivery of Services. Pros are responsible for third party service providers they use and ensuring those service providers process and maintain Client information securely and in compliance with applicable law including, but not limited to, data privacy and data protection laws.
(e) Compliance, Legal Requests, Preventing Harm and Protection of our Rights.
CoinBeast, either directly or through its Payments Data Controller, may disclose your information, including Personal Information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against CoinBeast, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our Users to legal liability, (iv) to enforce and administer our Terms of Service, payment terms, or other agreements with Pros, Clients or other Users, or (v) to protect the rights, property or personal safety of CoinBeast, its employees, its Pros, Clients, or members of the public. For example, Pro tax information may be shared with tax authorities or other governmental agencies.
Such disclosure may be necessary to comply with our legal obligations, for the protection of your or another person's or Organization’s vital interests or for the purposes of our or a third party’s legitimate interest in keeping the CoinBeast Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Pros or Clients about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon our property, our Members and our Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
(f) Service Providers
CoinBeast may use a variety of third-party service providers to help us provide services related to the CoinBeast Platform, including, but not limited to, Payments Services. Service providers may be located inside or outside of Canada, the United States or the European Economic Area (“EEA”). In particular, our service providers may be based in Europe, India, Asia Pacific or South America.
For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, (vii) process, handle or assess insurance claims or other similar claims, or (viii) facilitate the bookings between Clients and Pros. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the Personal Information and only use the personal information in accordance with our instructions, and only insofar is necessary for the provision of required services.
We will need to share your information, including Personal Information, if necessary, in order to ensure the adequate performance of our contract with you.
8. YOUR CHOICES & RIGHTS
(a) Limiting Information Collected and Opting-out
You have choices with respect to the promotional messages or newsletters that you choose to receive.
You may exercise any of the rights described in this section before your applicable CoinBeast Data Controller and Payments Data Controller by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity and request before taking further action on your request.
(b) Managing your Information
You may access and update some of your information through your Account settings. If you have chosen to connect your CoinBeast Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
(c) Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within CoinBeast Account).
(d) Data Access and Portability
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
(e) Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your Personal Information:
(f) Withdrawing Consent and Restriction of Processing
If we are processing your Personal Information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to CoinBeast specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (iv) you have objected to the processing pursuant to paragraph 8(g) and pending the verification whether the legitimate grounds of CoinBeast override your own.
(g) Objection to Processing
In some jurisdictions, applicable law may entitle you to require CoinBeast and the Payments Data Controller not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing CoinBeast and/or the Payments Data Controller will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask CoinBeast to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
(h) Lodging Complaints
You have the right to lodge complaints about our data processing activities by filing a complaint with us. Please see “Contact Us” section below.
This Agreement will automatically terminate without any further act or communication by either the Pro or the Client when the Pro has completed the Services set forth in Section 3(a) herein and the Client has made payment for such Services. The Pro will not provide further services to the Client without entering into a further written agreement outlining the nature and scope of those Services.
Your Pro is obligated at all times to preserve the confidentiality of Personal Information you disclose over the Platform, subject only to applicable law. Information that you share with your Pro over the Platform in connection with the provision of Services shall remain confidential. We reserve the right to record all calls, meetings, sessions, or seminars for quality assurance purposes and to deliver a high standard. These recordings shall remain confidential and shall not be shared or distributed, unless requested by the Pro and upon express and explicit consent of the Client.
This duty of confidentiality includes, under applicable professional rules, that the Pro’s must not disclose having been consulted or retained by you about this matter unless you consent to our doing so. Our acceptance of this matter is on the basis that you consent to our disclosing to third parties from time to time that we represented you in this matter and to our disclosing to third parties a general description of the matter. Such disclosure would not in any way extend to any sensitive information or to any details beyond a general description of the transaction.
Because your Pro owes this duty of confidentiality to all clients, the Pro will not disclose to you information held in confidence for others (even where such confidential information would be relevant to that Pro’s representation of you) or disclose to others information the Pro holds in confidence for you (even where such confidential information may be relevant to the Pro’s representation of other individuals or Organizations).
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your CoinBeast Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your CoinBeast Account, please contact us following the instructions in the Contact Us section below.
12. CHANGES TO THIS POLICY
(a) About cookies
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
(b) Cookies that we use
(c) Cookies used by our service providers
The relevant cookies are: rc::c (used to distinguish humans from bots) and collect (used to send data to Google Analytics about the visitor's device and behavior. Tracks the visitor across devices and marketing channels).
(d) Managing cookies
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website and/or our Services.
(e) Cookie preferences
(f) Our details
This website is owned and operated by Beast Mode Media Ltd.
We are registered in Canada under registration number 1226889-2, and our registered office is at 7100-380, Saint-Antoine Street West, Montreal, Quebec, H2Y 3X7.
13. CAPACITY TO CONTRACT
The Client hereby represents and warrants: (i) if the User is the Client, that you are of the minimum legal age capable of forming a binding contract in the jurisdiction in which the Client is resident; and (ii) if the Client is an Organization, that the User has all authority and capacity to contract on behalf of the Client.
If any term, provision, covenant, or condition of this Policy is held invalid or unenforceable for any reason, the remainder of the provisions shall continue in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated.
15. CONTACT US
If you have any questions or complaints about this Policy or our information handling practices, you may email us at firstname.lastname@example.org
EUROPEAN UNION GDPR DATA PROCESSING ADDENDUM
The Company requires the User to accept the provisions of this Data Processing Addendum ("DPA") which is intended to meet the data protection adequacy and security requirements of the GDPR-Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Therefore, if the GDPR applies to the User's activity (for instance because the User is established in the European Union or established outside the European Union but the User offers good or services to data subjects who are in the European Union) — the User needs to accept these Data Processing Addendum terms to be compliant with GDPR so that the User can process such GDPR-eligible personal data with the Company. Unless the User accepts the Agreement involving this DPA, the User's contract with the Company will lack those terms therefore if GDPR applies to the User's activity the User must refrain from using the Company's Services unless the User accepts this DPA.
Persons with disabilities may obtain this notice in alternative format upon request by contacting us at email@example.com.
Your California Privacy Rights.
California residents are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes in the preceding calendar year. We do not share personal information with third parties for their own direct marketing purposes.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to know/access, delete, and limit sharing of Personal Information.
The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act. Your rights are described below:
Right to Notice at Collection Regarding the Categories of Personal Information Collected.
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. This notice should be provided at or before the time of collection. The categories we use to describe the information are those enumerated in the CCPA.
We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected.
Right to Know/Access Information
You have the right to request access to Personal Information collected about you over the past 12 months and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You may submit such a request as described below. To protect our users’ Personal Information, we are required to verify your identity before we can act on your request.
Right to Request Deletion of Information
You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. You may submit such a request as described below. To protect our users’ Personal Information, we are required to verify your identity before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with is in a more limited way than you anticipated. If we do, we will explain that to you in our response.
How to Submit a Request
You may submit a request to exercise your rights to know/access or delete your Personal Information by sending us an email at firstname.lastname@example.org.
Only you or your authorized agent may make a verifiable consumer request related to your personal information. If you use an authorized agent to submit a request on your behalf, we may require that you (1) provide the authorized agent written permission to do so, and (2) provide a copy of the authorization or provide a copy of a power of attorney that complies with California Probate Code sections 4000 to 4465 so that we can verify the identity of the authorized agent.
In verifying requests, we employ reasonable measures to detect fraudulent requests and prevent unauthorized access to your personal information. To meet our obligations, we are required to verify your identity, and the identity of your authorized agent, if the request is submitted via an agent, by associating the information provided in your request to personal information previously collected by us.
If we suspect fraudulent or malicious activity on or from the password-protected account, we may decline a request or request that you provide further verifying information.
You may only make a verifiable consumer request twice within a 12-month period. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request.
Right to Opt Out of Sale of Personal Information to Third Parties
You have the right to opt out of any sale of your Personal Information to third parties. We do not sell information to third parties.
Right to Information Regarding Participation in Data Sharing for Financial Incentives
You have the right to be free from discrimination based on your exercise of your CCPA rights. We do not discriminate against anyone who chooses to exercise their CCPA rights.