Privacy Policy of Shack

1. Personal data we collect

We may collect or receive personal information for a number of purposes connected with our business operations when you use our Services, namely:

• Usage and analytics information (e.g., identifiers, numbers of clicks, tracking data)
• Contact details (e.g., name, address, phone number, birth date)
• Geolocation (e.g., your actual location, GPS data, address relevant for your research)
• Login details (e.g., e-mail address, username, session, profile picture)
• Payment details (e.g., billing information, credit card details (incl. Apple Pay))
• Blockchain wallet data (e.g. user public address)
• Request details (e.g., details and content of your inquiries)
• Platform visitor details (e.g., IP address, logfiles, terminal ID)
• Auction details (items, images, number and names of bidders)

There is no obligation to provide your personal data. However, please note that our Services cannot be provided if you do not provide the required data strictly necessary for performing the contract between you and us.

2. How we collect personal data

We collect information about our users when they use our Services, including taking certain actions within it.

3. Legal Basis and purposes

Our legal basis for collecting and using the personal data described in this Privacy Policy depends on the personal data we collect and the specific purposes for which we collect it.

4. Data retention

We retain personal data for so long as it is needed for the purposes for which it was collected and in line with legal and regulatory requirements or contractual arrangements. After this period, we delete or fully anonymize your personal data.

5. Data recipients

We engage third-party companies ("Service Providers") to facilitate the operation of our Services, assist in analysing the usage of the Services, or perform necessary services, such as payment and the provision of IT services. These third parties have access to your personal data only to the extent necessary to perform these tasks.

6. Data transfers

We and/or our Service Providers may transfer your personal data to and process it in the following countries:

• EU and EEA
• USA

We may use Service Providers partly located in so-called third countries (outside the European Union or the European Economic Area or Switzerland) or process personal data there, i.e., countries whose level of data protection does not correspond to that of the EU or Switzerland.

We safeguard your personal data per our contractual obligations and applicable data protection legislation when transferring data abroad.

Such safeguards may include:

• The transfer to countries that have been deemed to provide an adequate level of protection according to the Federal Council, as well as to countries where there is an adequacy decisions by the European Commission in place
• Applying standard data protection model clauses, binding corporate rules or other standard contractual obligations that provide appropriate data protection

If a third country transfer takes place and there is no adequacy decision or appropriate safeguards, it is possible and there is a risk that authorities in the third country (e.g. intelligence services) can gain access to the transferred data and that the enforceability of your data subject's rights cannot be guaranteed.

7. Data disclosure

We may disclose your personal data in the good faith belief that such action is necessary:

• To comply with a legal obligation (i.e., if required by law or in response to valid requests by public authorities, such as a court or government agency)
• To protect the security of our Services and defend our rights or property
• To prevent or investigate possible wrongdoing in connection with us

8. Data on the blockchain

When using our Platform or using any applicable blockchain in relationship with our Platform, you should be aware that any transactions will be publicly and irrevocably archived on the applicable blockchain once you sign them and send them to the network. These transactions typically include information about how many tokens have been bought, sold, transferred or otherwise interacted with, a timestamp, and the involved addresses. They do not include data such as your name or e-mail address. Nonetheless, once someone knows that a particular address belongs to you, they can connect all the transactions involving that address to you.

9. Data Security

We take reasonable technical and organisational security measures that we deem appropriate to protect your stored data against manipulation, loss, or unauthorised third-party access. Our security measures are continually adapted to technological developments.

We also take internal data privacy very seriously. Our employees and the service providers that we engage are required to maintain secrecy and comply with applicable data protection legislation. In addition, they are granted access to personal data only insofar as this is necessary for them to carry out their respective tasks or mandate.

The security of your personal data is important to us but remember that no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. We recommend using antivirus software, a firewall, and other similar software to safeguard your system.

10. Your rights

You have the below data protection rights. To exercise these rights, you may contact the above address or send an e-mail to: crew@shack.xyz. Please note that we may ask you to verify your identity before responding to such requests.

• Right of access: You have a right to request a copy of your personal data, which we will provide to you in an electronic form.
• Right to amendment: You have the right to ask us to correct our records if you believe they contain incorrect or incomplete information about you.
• Right to withdraw consent: If you have provided your consent to the processing of your personal data, you have the right to withdraw your consent at any time with effect for the future. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you initially consented to unless there is another legal basis for processing.
• Right to erasure: You have the right to request that we delete your personal data when it is no longer necessary for the purposes for which it was collected or when it was unlawfully processed.
• Right to restriction of processing: You have the right to request the restriction of our processing of your personal data where you believe it to be inaccurate, our processing is unlawful, or where we no longer need to process it for the initial purpose, but where we are not able to delete it due to a legal obligation or because you do not want us to delete it.
• Right to portability: You have the right to request that we transmit your personal data to another data controller in a standard format such as Excel, if this is data which you have provided to us and if we are processing it on the legal basis of your consent or to perform our contractual obligations.
• Right to object to processing: Where the legal basis for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have a compelling legal basis for the processing which overrides your interests or if we need to continue to process the personal data for the exercise or defence of a legal claim.
• Right to lodge a complaint with a supervisory authority: You have the right of appeal to a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html). In the EU and EEA, you can exercise this right, for example, before a supervisory authority in the Member State of your residence, your place of work or the place of the alleged infringement. You can find a list of the relevant authorities here: https://edpb.europa.eu/about-edpb/board/members_en.

11. Automated Decision-Making

We employ fully automatic decision-making processes that can have legal or similar effects on you. We use these processes for the following purposes:

• User verification in accordance with section 3 of the General Terms and Conditions (available here: www.shack.xyz/termsOfService/)

The automatic decision-making used by us is necessary for the performance of a contract relationship with you, when authorised by law, or when there is a specific, informed, unambiguous and freely given consent from you. Furthermore, we inform you when we collect personal data for automated decision-making purposes, providing further information on the logic involved, as well as its significance and consequences.

We verify your username and profile picture by asking an artificial intelligence system whether your username and/or profile picture are appropriate for the use of our marketplace platform. Upon negative decision by the artificial intelligence system, you are prompted in choosing another username and/or profile picture.

You may contest the results of the automated decision and obtain human intervention from our part, when the activities are needed for the performance of a contract or when based on consent. To do so, you can contact crew@shack.xyz.

12. SDKs

We rely on third-party code commonly known as software development kits ("SDKs"), in order to incorporate certain functionalities in our Platform. We use these products in order to analyse the usage of our application, conduct trend surveys and track your interaction with our Platform, as well as other features described below.

By incorporating SDKs into our Platform, their respective providers may have access to some of your personal data, only to the extent that it is needed for the functionality to work. Furthermore, the providers of the SDKs we use are under the obligation not to disclose it to third-parties, as well as to ensure its security, as per our contractual obligations and the applicable data protection legislation. Some SDKs (such as authentication, crash reporting, and payment processing) are essential for the functioning of the Platform, and we rely on our legitimate interests and on our contractual obligations with you to use them. Others help us improve features, measure usage, and personalize your experience; for those, we rely on your consent

Below, we provide you with the list of SDKs we use, as well as a brief description of their purpose.

• Appsflyer: To measure installs, marketing effectiveness, and user attribution]
• Meta: To enable login with Facebook, optional content sharing, and associated analytics.
• Google Sign-In: To allow sign-in via Google account.
• GeoFire / GeoFireUtils: To enable location-based features such as nearby item discovery and Shack Map.
• RevenueCat: To process in-app purchases and subscriptions.

13. Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We therefore encourage you to review this Privacy Policy periodically for any changes.

Changes to this Privacy Policy are effective when they are posted on this page.

14. Contact us

If you have any questions about this Privacy Policy, do not hesitate to get in touch with us at:

Shack AG, Untere Roostmatt 8, 6300 Zug, crew@shack.xyz