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docs: create privacy-policy #12

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107 changes: 107 additions & 0 deletions src/pages/docs/privacy-policy.md
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# Privacy Policy

## Privacy

This Privacy Policy governs all use of the web3.storage website (“web3.storage” or the “Website”), the w3link/w3s.link gateway (“Gateway”) and all content, services and products available at or through the Website or Gateway (collectively, “Services”).

The Services are offered subject to your acceptance without modification of all the terms and conditions herein, and all other other operating rules, policies (including, without limitation, our [Terms of Service](/terms/) and procedures that may be updated from time to time. By accessing or using any part of our Services you agree to be bound by the terms and conditions of the Privacy Policy. If you do not agree to all of the terms and conditions of this Privacy Policy, then you may not access our Services.

We keep your personal information personal and private. We will not sell or rent your personal information to anyone. We will not share or otherwise disclose your personal information except as necessary to provide our Services or as otherwise described in this Privacy Policy without first providing you with notice and the opportunity to consent.
By accessing or using any part of our Services, including the Websites, you agree to be bound by the terms and conditions of the Privacy Policy. If you do not agree to all of the terms and conditions of this Privacy Policy, then you may not access our Services.

The Services are offered subject to your acceptance without modification of all the terms and conditions herein, and all other other operating rules, policies (including, without limitation, our [Terms of Service](/terms/) and procedures that may be updated from time to time by Nitro Data LLC (collectively, the “Agreement”).

### Who Do We Collect Information From?

This Privacy Policy applies to our collection, use, and disclosure of the personal information of the following categories of users:

- **Website Visitors:** Those who register on our Websites or visit our Websites, including those who may opt to provide an email address or other contact information to receive communications from us, or provide other feedback.

We are a conduit for information controlled by others. It is our users who are responsible for the user-uploaded and/or community-hosted content transmitted across our network (e.g., images, written content, graphics, etc.).

This Privacy Policy also does not apply to any third-party domains, websites, APIs, applications, and networks, even if linked via the web3.storage website, as these third-party properties may have their own terms and privacy policies.

### What information do we collect and on what basis?

We collect email addresses, and our third-party billing provider collects additional billing information.

Some laws require us to explain the lawful basis upon which we process your personal information. With respect to these laws, we process personal information about you for one or more of the following basis:

- To Perform a Contract. Where the processing is necessary for the performance of a contract.
- Legitimate Interests. Where the processing is necessary for legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information.
- Your Consent. Where you have given us consent to process your personal information for specified purposes, such as to provide our Service and other items requested by you.
- Comply with the Law. Where the processing is necessary for compliance with a legal obligation.

### What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

- To personalize your experience — your information helps us to better respond to your individual needs.
- To improve our Services — we continually strive to improve our site offerings based on the information and feedback we receive from you.
- To improve customer service — your information helps us to more effectively respond to your customer service requests and support needs.
- To send periodic emails or notifications — the email address or other contact information you provide may be used to send you information, notifications that you request about changes to topics or in response to your posts, respond to inquiries, and/or other requests or questions.
- To comply with applicable laws — to perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities. If we are going to disclose your personal information in response to a legal process, we will take best efforts to give you notice so you can challenge the disclosure (for example by seeking court intervention), unless we are prohibited by law or believe doing so may endanger others or cause illegal conduct.
- To protect legal interests — to protect the legal interests, health or safety of a user, us, or other third parties.
- In the event of a merger or sale — in the event that we, or some or all assets related to our Services are acquired by, transferred to, or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control, we may transfer some or all of the personal information that we have collected about you to another organization as part of that transaction.

### How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information which may include anonymization, encryption, adhering to the principle of data minimization and implementing other cyber-security measures.

### What is your data retention policy?

We will retain information where needed to (a) fulfill the purposes described in this Privacy Policy, (b) comply with applicable laws, legal holds, and other legal obligations (including contractual obligations), and (c) comply with your requests.

We will make a good faith effort to:

- Retain server logs containing the IP address of all requests to servers under our control related to our Services for no more than 180 days.
- Retain the IP addresses associated with registered users no more than 5 years.

### Do we use cookies?

No. We will update this privacy policy in the event that we use cookies in the future.

### Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is reasonably necessary to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

### What rights may be available to me?

In certain circumstances, local data protection laws (such as the GDPR) may give you rights with respect to personal information if you are located in or are a resident of that country, state, or territory (including if you are located in the EU/EEA). These rights differ based upon local data protection laws in your country, state, or territory, but these rights may include one or more of the following:

- _Access to Personal Information._ You may have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information.
- _Rectification._ You may have the right to request that we rectify inaccurate personal information concerning you and, depending on the purposes of the processing, you may have the right to have incomplete personal information completed.
- _Erasure/Deletion._ You may have the right to require us to erase some or all of the personal information concerning you.
- _Restriction of Processing._ You may have the right to require us to restrict the further processing of your personal information. In such cases, the respective information may only be processed by us for certain purposes.
- _Object._ You may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.
- _Data Portability._ You may have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you may have the right to transmit that personal information to another entity without hindrance from us.
- _Withdraw Consent._ You may have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time.
- _Right to Complain._ You may have the right to lodge a complaint to an applicable supervisory authority or other regulator.
- <u>If you are a California resident</u>, California Civil Code Section 1798.83 may permit you the right to request information regarding the disclosure of personal information about you by us to third parties for the third parties’ direct marketing purposes.
- <u>If you are a Nevada resident</u>, Nevada residents may also have certain rights regarding the sale of personal information. Nevada residents may opt out of the future sale of their information to a third party.

### Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our site. These third party sites have separate and independent privacy policies and may collect or use your data in a way we are not aware of. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

### Children’s Online Privacy Protection Act Compliance

In order to use the Services you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use the Services and to accept the terms of this TOS and Agreement.

### Location of Information

During your use of our Services and your interactions with us, your personal information may be transferred outside of your home country and may be stored in and accessed from multiple countries.

### California Statement

If you are a resident of California, you have the right to request what information we collect, use, and disclose. Please see “What information do we collect and on what basis?” for a description of the data we have collected over the preceding 12 months. You also have the right to request that we delete your information. We do not sell your personal information. To make a request, you, or your agent, can contact us at [email protected]. Please note that we may still require you to verify your identity before we process a request. We will not discriminate against you because you have exercised any of your privacy rights under the CCPA. We currently do not respond to Do-Not-Track requests.

### Contact Us

Questions about our Privacy Policy? Please contact [email protected].

### Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

This document is CC-BY-SA. It was last updated October 27, 2023.
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