LEGAL

Privacy Policy

3Ora’s Privacy Policy

EFFECTIVE: April 1, 2022

IMPORTANT, READ CAREFULLY: This Privacy Statement describes the personal data we collect and/or process (which may include collecting, organizing, structuring, storing, using, or disclosing) to provide products and services offered directly by 3Ora, Inc. (“3Ora”), including 3Ora’s websites and its meetings, and messaging platform (“3Ora Products”).

3Ora publishes this Privacy Policy to let you know how we collect, use, and disclose your personal information in the course of operating our business. It also describes your rights in relation to this information. In some circumstances, such as for certain events, we may provide additional information regarding our data practices. This Privacy Policy applies to any 3Ora service, event, website, mobile application or other digital or non-digital service, and any hard copy (paper) form which provides a link to or refers to this Privacy Policy.

For those who reside in California, please see the end of this Policy for additional information regarding our practices.

INFORMATION 3ORA COLLECTS ABOUT YOU

Personal information is information, or a combination of pieces of information, that could reasonably allow you to be identified. As described in more detail below, we collect personal information about you from a variety of sources, including information we collect from you directly, information we collect about you from other sources, and information we collect automatically from you.

Information We Collect Directly From You

We collect information that you submit to us. The types of information that we collect directly from you include: personal details (e.g., name, date of birth, alias and/or avatar alias), contact details (e.g., phone number, email address, postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign), details about your collection, limited financial information (e.g., tokenized payment information in connection with your purchases, wire instructions, digital wallet details and address), username and password, user ID, unique device ID, information on forms required for certain transactions (e.g. social security number), and identification information (e.g. photo ID).

We rely on the information you provide to us or that we collect or observe about your individual interactions with us, for example, if you attend a live event, consign property, participate in one of our auctions, become a client, register or bid online.

Information We Collect From Other Sources

We share information within the 3Ora. We may collect information about you from external sources, including social media sites and data supplementation services. The types of information we collect about you from other sources include your public profile information, family relationships, and organizational affiliations. We may work to expand our customer base by acquiring names, contact data, financial information, affiliations, and demographic information from other sources such as private companies, public registers, and social media sites, where permitted by law. We may also generate information such as appraisals, profiles, and a history of our relationships with you based on the information you have provided or that we have obtained from other sources, as permitted under applicable law.

Information We Collect Automatically

We may make video recordings of our auctions, gallery spaces, and certain live events.

We record calls made to our customer care line for quality assurance, compliance purposes, and recordkeeping purposes.

We may use common data collection technologies as you visit our websites or apps or interact with our emails. For example:

Our logs gather date, time, information about your browser and system or device configuration, information about how you interact with our digital properties, and an IP address for all visitors to our sites.
If you have registered with us online, we use data collection technologies to collect information that indicates your individual interests in our websites, online platforms and apps, and your response to our emails and marketing campaigns.
The Cookies and similar technologies on our digital platforms can also read and collect data about your browsers as you visit and interact with those platforms: please read our Cookie Policy for more detailed information about what cookies are, what kinds are used on our sites, and what choices you have. As described further in our Cookie Policy, we use these technologies to enable you to use our digital platforms, learn how you and others interact with our digital platforms, personalize the content on our digital platforms, and to deliver advertising based on your interests, including those inferred from your activities over time and across digital platforms operated by us and others.
In general, our app will communicate data you provide about yourself, for example, registration, purchase, or bidding data, to our databases and systems. An app may, however, rely on other data collection technologies to recognize the device you use for viewing and to personalize your experience. If our app relies on additional data collection technologies that collect or use data about individual users, we will include additional notice either within the app or in a policy that accompanies it.
We also use and allow certain other companies to use technologies that are similar to cookies (for example pixels and gifs) when we send you emails.

HOW 3ORA USES INFORMATION ABOUT YOU

3Ora uses data about you for the following purposes, as permitted by applicable law:

To manage and assure the integrity of our auctions.
To fulfill your orders and purchases, facilitate consignments, provide the services, publications, catalogs, and information you request, and manage your account, enquiries and requests and to manage your relationship with us.
To send you information about upcoming events and content that you may be interested in.
To improve and personalize based on your inferred interests from our website and services.
To match online ads to your interests, arrange for 3Ora and other companies’ ads to reach you after you have left our sites, and help advertisers show you ads that are more relevant to your interests.
To expand our online audiences.
To provide, maintain, and protect our digital offerings.
To check your identity and to protect against the risk of fraud and to detect money laundering or other financial crime.
To carry out anti money laundering checks, risk screening, crypto wallet and transaction screening and monitoring and blockchain analytics.
To provide you (where required) with a digital wallet to enable you to receive an NFT that you have purchased.
To protect and defend our rights and property, you, or third parties.
To comply with legal obligations to which we are subject and cooperate with regulators and law enforcement bodies.
To develop, improve and test certain of our products and services.
For other purposes that we tell you about specifically when you register or provide data about yourself to us.

HOW 3ORA DISCLOSES INFORMATION ABOUT YOU

We share information within the 3Ora. 3Ora may disclose personal information to other companies or entities as follows:

To business partners and vendors that work on our behalf to provide services such as item shipments, mailings, customer account and technology support, secure payment processing, fraud prevention, digital marketing management, and data storage.
To our auction partners in association with auctions.
To consigners, sellers and others as needed to facilitate a consignment or purchase, including to arrange the delivery of property to you.
To organizations we partner with to host events.
To digital wallet and cryptocurrency providers as required to complete your sale or purchase. Please see their privacy policies for details of how they use your personal information. Note that as part of the process of minting NFTs, your digital wallet details will be made available on the public blockchain to enable the NFT to be made available to you and will be a permanent record of the transaction, along with the details of the NFT’s you purchase.
To law enforcement or other entities that present valid legal process or in our discretion, unless otherwise prohibited by law, to protect human safety, our rights, or the rights of others.
To meet certain legal compliance requirements, for example under anti-money laundering laws or customs laws and regulations.
To US regulators, law enforcement agencies and authorities in connection with their duties, such as preventing or detecting crime.
As part of a sale, merger, liquidation, or transfer of our business assets.
We may share information with digital advertising and analytics firms so that they may recognize your devices and deliver interest-based content and advertisements to you. The information we share may include your name, postal address, email, device ID, or other identifier. These firms may collect additional information from you, such as your IP address and information about your browser or operating system; may combine information about you with information from other companies in data sharing cooperatives in which we participate; and may place or recognize their own unique cookie on your browser. To learn about certain choices, you may have with regard to such sharing, please see our Cookie Policy.

YOUR CHOICES

You have a choice about and control over:

– Receiving marketing messages from us. We may contact you by email, text, or SMS messaging.

We encourage you to visit 3Ora Preferences Pages to let us know your preferences in relation to email marketing.
You may also stop email marketing by using the “opt out,” or “unsubscribe” mechanism at the bottom of our email marketing messages. In most cases, we will give you a choice about stopping just one kind of email or opting out of all email marketing from us.

– Whether cookies can be set or read on your browser. You can learn more about controlling cookies placed on your device as you visit our sites in our Cookie Policy.

– Whether your account is up to date. You may review and edit the personal information that is stored in your user account on our website (e.g., your passwords and other contact information) by visiting the “Profile” area of your account on our website or by contacting 3Ora via the email address at the end of this Policy. We will endeavor to respond to your request as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

–Your public profile on 3Ora Metaverse and Metaverse notifications. Details of your bidding activity, your collection (i.e., any lots you have won) and your saved items (i.e., saved lots) will be displayed in your public profile on 3Ora Metaverse if you are a Metaverse user. These details will be publicly available unless you change your settings. You will also receive notifications regarding saved items and items you have bid on. You can go to your Settings on Metaverse to change your settings in respect of the information that will be displayed as part of your public profile and the notifications you receive in relation to the Metaverse at any time.

INFORMATION SECURITY AND STORAGE

We receive data collected locally by members of the 3Ora group and collect data online directly from individuals in countries around the world. We may process that data on servers globally.

We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Please be aware, though, that no security measures are perfect or impenetrable. You remain responsible for protecting your username and password and for the security of information you transmit to us over the Internet.

We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:

Maintain business records for analysis and/or audit purposes.
Comply with record retention requirements under the law or other relevant legal or regulatory requirements.
Defend or bring any existing or potential legal claims.
Deal with any complaints regarding the services.
Preserve historical records of transactions and property.

We will delete your personal information when it is no longer required for these purposes.

CHILDREN’S DATA

Our websites are directed to adults. We do not accept children as clients or knowingly collect data about them.

THIRD PARTY WEBSITES

Our websites may contain links to other websites not owned or controlled by 3Ora. Those websites may collect information about you. 3Ora is not responsible for their practices or content.

Additionally, we may work with auction partners so that you can bid on 3Ora items from other sites or platforms. If you participate in an online auction on another company’s site or platform, please note that those companies may transfer data about you to us to fulfill successful bids and that we may use that data in a manner consistent with this Policy. Please note that if you use another company’s auction site, you should review the posted privacy policy applicable to that site.

HOW TO CONTACT US

For questions about this Privacy Policy please email us at [email protected] or contact:

3Ora, Inc.

380 Stevens Ave, Unit 311

Solana Beach, CA 92075

Attn: 3Ora Management

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

We may collect the following categories of personal information from and about you:

Identifiers: Such as your name, email address, phone number, IP address, device identifier, online identifier, and government-issued identification numbers you provide.
Internet activity: Such as browsing history, search history, content or items viewed, account logins, and interactions with emails, digital ads, and other communications.
Transactions: Such as bidding and purchase records, items considered for purchase or bidding, items offered for consignment, shipping details, and events attended.
Payment information: Such as tokenized payment information or wire instructions.
Demographics: Such as information about your gender or age.
Location information: Such as the addresses you provide or your general location as inferred from your IP address or other network information.
Professional and employment information: Such as information provided on valuation or credit documents.
Video and audio: Such as recordings of auctions or client service calls.
Inferences: Such as our assessment of the types of art, furniture, objects or jewelry in which you may have an interest.

We share your information for the following business purposes:

To obtain services such as item shipments, mailings, customer account and technology support, secure payment processing, fraud prevention, digital marketing management, and data storage;
To coordinate auctions with business partners;
To coordinate events;
For legal and compliance purposes;
To cooperate with law enforcement or other reasonable requests for information;
To support potential sales, mergers, liquidations, or transfers of our business assets.

We disclose all of the categories of personal information noted above with service providers that process personal information on our behalf (e.g., data storage providers, email services, Internet service providers, and research firms), business partners (e.g., event coordinators, professional advisors and consultants), government and law enforcement entities, advertising and marketing companies, and our affiliates.

We also disclose certain personal information in exchange for services, insights, or other valuable consideration. California law treats such disclosures as “sales” even if no money is exchanged. We may disclose or sell the following categories of information to the third parties listed below:

Categories of personal information disclosed in exchange for valuable consideration	Categories of third parties to whom this information is or was disclosed in the past 12 months
Identifiers	Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts.
Internet activity	Digital advertising and analytics companies, social media platforms, and marketing partners.
Transactions	Digital advertising and analytics companies, auction partners and event co-hosts, and marketing partners.
Payment information	N/A
Demographics	Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts.
Location information	Digital advertising and analytics companies, auction partners and event co-hosts.
Professional and employment information	Marketing partners, auction partners, and event co-hosts.
Video and audio information	Auction partners and event co-hosts.
Inferences	Digital advertising and analytics companies, marketing partners, social media platforms, auction partners and event co-hosts.

Residents of California have the following rights:

Right to know. You may request that we provide you with information about the categories of your personal information that we collect, the specific pieces of personal information that we hold about you, the categories of sources from which we collected the information, our reasons for collecting and sharing the information, and the types of third parties with which we share the information.
Right to deletion. You may ask us to delete your personal information, subject to certain exceptions.
Right to opt out of sales. You have the right to opt out of certain disclosures of your personal information for valuable consideration. You can exercise this right through the “Do Not Sell My Personal Information link.
Right to be free from discrimination. You have the right to not be discriminated against for exercising any of the above-listed rights. We may, however, provide a different level of service or charge a different rate reasonably relating to the value of your personal information.

If you are a California resident and would like to exercise any of the above rights, please submit your request at [email protected]

Please note that we may request specific information from you in order to verify your identity, and there may be circumstances where we will not be able to honor your request. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations or other permitted purposes. We will only use personal information provided in a verifiable consumer request to verify your identity or authority to make the request. If you are submitting a request through an authorized agent, the authorized agent must provide us with your signed written permission stating that the agent is authorized to make the request on your behalf. We may also request that any authorized agents verify their identity and may reach out to you directly to confirm that you have provided the agent with your permission to submit the request on your behalf.

CHANGES TO THIS PRIVACY STATEMENT

We may update this Privacy Statement periodically to account for changes in our collection and/or processing of personal data, and will post the updated Privacy Statement on our website, with a “Last Updated” date at the top. If we make material changes to this Privacy Statement, we will notify you and provide you an opportunity to review before you choose to continue using our Products.

3Ora’s Metaverse Acceptable Use Policy

Effective Date: April 1, 2022

Welcome to the 3Ora’s Metaverse. Please read this Acceptable Use Policy (this “AUP” or “Policy”) carefully, as it forms part of the legally binding 3Ora Metaverse Terms of Service located at www.3ora.com/TOS (the “TOS”) between you (“you” or “your”, or “Buyer”) and 3Ora, Inc. (“3Ora”, “we”, “us” or “our”), and by using the Metaverse Platform, you understand, acknowledge and agree to be bound by and comply with this AUP (as well as the remainder of the TOS). If you are an agent acting on behalf of a principal, “you” and “your” refer to both principal and agent. Capitalized terms used herein without definition have the meaning ascribed to such terms in the TOS. In the event of any conflict between the terms and conditions of the TOS and this AUP, the terms of the TOS shall govern to extent required to resolve any such conflict.

Introduction.

This AUP describes the kind of access to, and usage of, the Metaverse Platform, including corresponding conduct in connection therewith, that is strictly prohibited and constitutes a violation of this AUP and the TOS. All of the prohibitions, restrictions and parameters set forth herein are intended to be illustrative (as opposed to comprehensive) in nature, and 3Ora reserves the right, in its sole discretion, to determine whether any access to and/or use of the Metaverse Platform, including any corresponding conduct in connection therewith, constitutes a violation of the letter and/or spirit of this AUP. 3Ora may modify this AUP from time to time, and at any time, without notice to you, for any reason, in its sole discretion.

Prohibited Activities.

2.1. Unlawful Activity. The Metaverse Platform may not be used in violation of any Law. You may not undertake, engage in, promote or encourage any unlawful activity, or any action(s) which would violate, or assist in violation of, any Law (including any contract, license, intellectual property right, right of privacy, right of publicity, or any other right of another user or a third party) or which would involve proceeds of any unlawful, inappropriate, or unauthorized activity. We expressly reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates, or is suspected of violating, this AUP or any other part of the TOS, including, without limitation, by reporting such individual or entity to law enforcement authorities. You acknowledge, consent and agree that we may access, preserve and disclose your User Credentials, Account and registration information, and any other content or information relating to you or your use of the Metaverse Platform if required to do so by Law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with the legal process; (b) enforce this AUP or the TOS; (c) respond to claims that any content, information or conduct violates the rights of any third party; and/or (d) protect the rights, facilities, networks, systems, property or safety of any 3Ora Entity. You acknowledge the possibility that certain operations or activities performed by a user of the Metaverse Platform may be permitted by a smart contract while nevertheless violating this AUP, the TOS, or Law, and you expressly agree not to engage in any such operations or activities (or to assist others in engaging in same).

2.2. Intellectual Property and Proprietary Rights. The Metaverse Platform may not be used to submit, post, email, display, transmit or otherwise make available any User Content or Referenced Content, or to engage in any activity, that violates or facilitates the violation of the intellectual property, proprietary or privacy rights of any individual, group or entity, including, without limitation, any rights protected by any copyright, patent, trademark, trade secret, trade dress, right of privacy, right of publicity, moral right or other intellectual property, proprietary or privacy right now known or later recognized by any Law.

2.3. Manipulative Market Activity. You may not, and may not assist others to (a) transact (including via bid or modification of any relevant smart contracts), whether on or off of the Metaverse Platform, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price any Property; (b) engage in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of or simulate demand for an item of Property or any Referenced Content, or in any other anticompetitive bidding or related conduct; (c) bid on your (or their) own listed or offered Property; or engage in any other deceptive or manipulative trading activities. You agree to report any suspicious market activity, or other suspected breach of this AUP or the TOS, of other users by emailing us at [email protected].

2.4. Other Prohibited Use of the Metaverse Platform. Without limiting the generality of the preceding sections, you may not, and may not allow any third party to, in connection with your use of the Metaverse Platform or in relation to any User Content or Referenced Content submitted thereto or made available thereon:

send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
take any action or engage in, or assist others in engaging in, any activity (including any attack, hack, “Sybil attack”, denial-of-service or “DoS” attack, “griefing attack”, interference, exploit, any similar measure) that could damage, disable, disrupt, interfere with, impair, or overburden the functionality (i) of the Metaverse Platform (or any networks, operations, systems or property owned or controlled by 3Ora or any third party) in any way or (ii) any smart contract;
engage in, or assist others in engaging in, the theft or other unauthorized access to or transfer of Property, funds, Platform Content, User Content, Referenced Content or any information of or relating to users of the Metaverse Platform;
solicit or share, or otherwise use the Metaverse Platform to obtain or disseminate, personal information of any individuals other than yourself (including telephone number, street address, last name, email address, etc.);
develop, distribute or deploy viruses, worms, bugs, defects, time bombs, cancelbots, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature or that may damage the operation of another person’s computer or otherwise interfere with the Metaverse Platform (all of the foregoing, “Malicious Code”);
use any robot, spider, scraper, crawler, script, site search/retrieval application or browser extension, offline reader, or other device or automated means to retrieve, extract or index any portion of the Metaverse Platform, the Platform Content, the User Content or any other information or content within the Metaverse Platform;
impersonate another person (including via the use of a misleading email address, avatar or username) or to use or attempt to use another user’s User Credentials or Account without authorization;
intentionally provide false, inaccurate or misleading information (including placing any misleading bids) to us or other users of the Metaverse Platform;
inhibit, interfere with, disrupt or otherwise negatively affect another individual’s or entity’s access to or use of the Metaverse Platform or otherwise to defame, abuse, extort, harass, stalk, or threaten other users;
access, use or otherwise exploit the Metaverse Platform for any unauthorized commercial purpose (including for the purpose of creating a business, product or service, conducting marketing or fundraising, administering contests or sweepstakes, etc.);
promote or advertise an illegal or counterfeit copy of another individual’s protected intellectual property;
collect information from the Metaverse Platform about others, including email addresses, for any unauthorized purpose or without proper consent;
transmit, or otherwise facilitate or encourage the transmission of, junk mail, chain letters, spam, bulk mass mailing, “spam”, phishing or other e-mail/USENET abuse;
engage in any “username squatting” (i.e., the practice of reserving usernames for future use), reservation of any Account or username for future use, or any attempts to buy, sell, or otherwise solicit any form of payment in exchange for a username;
use data obtained from the Metaverse Platform to contact individuals or entities outside of the Metaverse Platform for any purpose;
modify, adapt, translate, or reverse engineer any portion of the Metaverse Platform (or to attempt to do any of the foregoing);
alter, conceal or remove any copyright, trademark, service mark or other proprietary rights notices contained in or on the Metaverse Platform or any part of it;
reformat or frame any portion of the Metaverse Platform;
create user Accounts by automated means or under false or fraudulent pretenses;
take any action intending to circumvent (i) any limitations of the Metaverse Platform (e.g., user permissions, content-filtering techniques we employ, etc.), or any instructions to users of the Metaverse Platform or measures implemented by us to prevent or limit the conduct of any particular activity on, or the access to any particular aspect of, the Metaverse Platform or (ii) any industry, legal, or regulatory requirements relating to financial activities (e.g., licensing or registration requirements, or creating, listing or buying securities, options, debt instruments, commodities, real estate, etc.); or
use or access the Metaverse Platform (i) from a country sanctioned by the government of the United States; or (ii) for the purpose of concealing economic activity, laundering money, or financing terrorism.