Soluciones web3, S.L. (hereinafter, "KABILA") is the owner of the domain "kabila.app" as well as the website, Wallet and DApps that we make available to Users to create their NFT Communities/launchpads, mint, sell, buy, transfer, list and exhibit content and/or digital works in the form of NFTs as well as FT, relying for this purpose on third-party solutions, including Hedera.

KABILA has used the Consensus Service and the privacy recommendations provided by Hedera to build its Platform in a way that complies with basic privacy aspects.

We care about your privacy and we are committed to protecting your information, so, our Privacy Policy describes how KABILA collects such data, in compliance with the provisions of 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 (GDPR), in the Spanish Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of DigitalRights (LOPDGDD) as well as in any other applicable regulation.The supply of any information required implies the acceptance of its processing in a manner consistent with the purpose for which it was supplied and your compliance with these conditions and policies. Similarly, the acceptance of our conditions and policies through any of the options enabled, both on our websites and in our applications, implies full and unreserved acceptance of all its terms and conditions. Likewise, the user guarantees that the personal data provided to KABILA are truthful and is responsible for communicating any changes in them.

‍Changes and updates. You should read our Policy carefully to ensure that you fully understand it. We encourage you to check the Policy frequently for updates or changes to the Policy. This Privacy Policy forms an integral part of the Terms and Conditions of Use of the Platform and its tools. Therefore, if you do not agree with our policies, please leave this Website and do not use any of our services.

Data controller. Contact.

KABILA is the Data Controller of your personal data which will be processed according to the terms and conditions set forth in the privacy policy:
‍
‍Company name: Soluciones web3, S.L.
‍VAT Number: ESB10851905
‍Registered address: Avda, Gabriel Miro, 34 -Edificio Perlamar | C.P. 03710 Calpe, Alicante
‍Registration: Alicante Companies Register, Volume 4489, Folio 43, Section 8, Page A-180699, Entry 1.
‍Contact e-mail: hello@kabila.app

Information we collect.

KABILA may process thefollowing personal data of Users:
‍
I.        User information for Buying a Creator Pass and using the Advanced Tools: When you purchase a Creator Pass on Kabila Tools, you must provide us with certain information and, therefore, KABILA will process the data described below: Name, Email, Country of residence. Also, if you wish to acquire the status of "Verified/Doxxed Creator" or "Featured" within KABILA, we will ask you to provide us with additional information. Since to use KABILA and the tools offered on the Platform it is necessary to create or connect your Hedera wallet or Hashpack wallet, KABILA will know the public key of your wallet which will be associated with personal data, but we are not aware of the private key or the personal data associated with your wallet or those that Hedera asks you for in order to use its services. Hedera is responsible for the processing of this data. If you want to know more about the processing of your data, you can consult its Privacy Policy.

The legitimate basis for processing your data by us is your consent. Therefore, we retain the data for the time necessary to fulfil the purposes for which they were collected and unless you revoke your consent by requesting their deletion, limiting their processing, requesting their portability or objecting to their processing.

II.        Information about the activities you perform within your User account: Once your account on Kabila Tools is already created and you start interacting on it and using the tools, the following information and metadata may be collected or processed by us: information about the operations you perform (offers, purchases, sales, etc.), information about the tools you use, the contents you upload, the collections and repositories you create, etc. either from your pc or from any other device. The legitimate basis for processing your data by us is your consent. Therefore, we retain the data for the time necessary to fulfil the purposes for which they were collected and unless you revoke your consent by requesting their deletion, limiting their processing, requesting their portability or objecting to their processing. In addition, some of the metadata collected iss trictly necessary for third party providers such as Hedera (the hashgraph solution used in KABILA) that lends its technology so that you, as a User, can perform out multiple actions through KABILA. Specifically, information regarding offers, purchases, transfers and sales of FTs / NFTs is public and accessible to everyone (regardless of whether they are KABILA Users or not) through transaction network explorers. This may include third party wallet addresses, as well as be associated with other data you have provided to us. However, under no circumstances is KABILA responsible for the data processing carried out by Hedera.

‍III.        Information we receive from other sources. We may receive information about you from other sources. For example, if you contact us from your social media account (LinkedIn, Instagram, Twitter, our Discord channel, etc.) we may know your username on that social media or platform, as well as information you may include in your message or comment.The legitimate basis for such processing is your consent to the privacy policies and to the processing of your personal data on such sites and apps, as well as our legitimate interest in processing such data. We therefore retain your data for 18 months or until you submit a request for erasure, restriction of processing, portability or objection by e-mail.

IV.        Website and Platform functionality. By accepting and accessing this KABILA website and your Platform account, we will know your browsing data.KABILA uses the "LocalStorage" solution. In this sense, we do not store more information than is necessary (and not sensitive) to improve your user experience so that you can use the KABILA tools, through your account, without your session expiring and you may suffer some kind of mishap or damage to the activity you are carrying out. You can delete this data by deleting your browser history. We may also receive information from cookies. For more information about cookies, please see our Cookie Policy. However, please note that you may be unable to use some of our services if you do not give your consent or later revoke your consent, such as access to your user account. The legitimate basis for such processing is our legitimate interest. We therefore retain your data for 18 months or until you submit a request for erasure, restriction of processing, portability or objection bye-mail.

V.    Sending information of KABILA and new features: Once you acquire user status on KABILA, we may send you information, communications and notifications regarding the functionality of the KABILA platform and its tools, current and future services and in general: alerts, notices, updates, releases, new functionality, etc. The data we process is as follows: e-mail. The legitimate basis for such processing is our legitimate interest. We therefore retain your data for 18 months or until you submit a request for erasure, restriction of processing, portability or objection bye-mail.

‍VI.    Newsletters: Also, and without having to register as a user of our Platform, you can enjoy our newsletter service and information pills related to the ecosystem: News about Web3, Hedera, NFTs, entrepreneurship, current topics, art and tutorials on the tools and use of KABILA. The data we process is as follows: e-mail.The legitimate basis for processing your data by us is your consent. Therefore, we retain the data for the time necessary to fulfil the purposes for which they were collected and unless you revoke your consent by requesting their deletion, limiting their processing, requesting their portability or objecting to their processing.

‍VII. Contact, feedback and surveys: If you wish to contact us, give us your opinion, answer the surveys we launch or ask any kind of question, you can do so via email and/or through our Discord channel. KABILA will be able to know your email, as well as any other additional information you want to add describing the subject. The legitimate basis for processing your data by us is your consent.Therefore, we retain the data for the time necessary to fulfil the purposes for which they were collected and unless you revoke your consent by requesting their deletion, limiting their processing, requesting their portability orobjecting to their processing.

‍VIII. Functionality and updating of KABILA services.  Some of the data described and mentioned in the previous sections, as well as the information we receive as a result of your interaction on our platform (ID and OS, IP addresses and the information they give, environment used to access KABILA, usage patterns, interactions on your computer screen, etc.) may be used to find out which features of our platform are of most interest to you, what kind of FTs, NFTs and Artists are most interesting to you, what kind of FTs, NFTs and Artists are most popular, and what kind of services are available to you.) can be used to know which functionalities of our platform are more interesting for you, what kind of FTs, NFTs and Artists are more demanded... and for example, to analyse the success of KABILA in order to develop and include improvements or new functions, as well as to obtain anonymised statistics for the study and internal knowledge of KABILA. The legitimate basis for such processing is our legitimate interest. We therefore retain your data for 18 months or until you submit a request for erasure, restriction of processing, portability or objection by e-mail.

Conservation.

We keep your data for the time necessary for the purposes for which we collect it, taking into account the specific legitimate basis for each processing. However, depending on the type of data processing and the applicable law or regulation for deletion, this deletion of information will be subject to legal minimum and maximum limits. In other words, some data, although unnecessary for us, must be kept and blocked-in order to comply with future legal obligations of any kind: fiscal, commercial, tax, etc. or even incase we are required to do so by the State Security Forces, the Courts or any other competent body. Once the legally required retention periods have elapsed, the blocked data will be deleted. We also inform you that the blocked data will be anonymised and will not be used by KABILA. In the event that your account has been deleted, we may remove, delete or anonymise any data associated with your account.

Data communication.

We may share limited information with vendors or professionals we hire to perform specific jobs or with our related companies if KABILA is involved in financing, a merger, acquisition, reorganization, bankruptcy, or a sale, transfer or change in ownership of KABILA or any of its assets.This includes, for example, service providers such as Vercel and AWS that host our data and services, as well as mailing services such as Klaviyo or Mailchimp for our communications with Users. We may also share information to comply with and enforce a law, to respond to a request for information by law enforcement or judicial bodies. To the extent possible, where permitted and practicable, we will try to give you reasonable notice before disclosing your information in response to such a request. However, as stated above, KABILA will never have access to your private key account information.

In addition, at KABILA we may share user information that has been previously anonymised so that it cannot reasonably be used to identify you. For example, we may share aggregated user statistics for the purpose of describing our business to partners or the public.

Data communication and international data transfers.

KABILA provides and supports its products, services and applications from Spain (EU) without prejudice ofusing platforms and providers located in other countries in the framework of its provision, according to the provisions of the data protection regulations in force at any time.

User data may be stored or processed on our servers in Europe, not withstanding that it may be stored or processed in other countries where our suppliers related to our services and applications have a presence, operate or maintain facilities. Processors who may participate in our services and applications located outside the European Union (EU) and the European Economic Area (EEA), such as the United States and the United Kingdom, must be afforded an adequate level of protection, subject to the conditions and safeguards required by law and contract.

When transferring data outside the European Economic Area (EEA) we use Standard Contractual Clauses, and rely on European Commission Adequacy Decisions on specific countries, as appropriate, or other legally compliant mechanisms or conditions for such data transfers. This means that they will be carried out in accordance with the minimum standards set out in the GDPR.

The data transfers that maybe made will be those necessary for the operation and provision of the applications, products and services described for the purposes stated. By using our applications, products and services, you acknowledge and agree that your data will be processed outside your country of residence.

Security Measures.

KABILA undertakes to comply with its obligation of confidentiality and secrecy regarding the personal data it processes and adopts the technical and physical security measures required by privacy legislation in order to reasonably ensure their protection and avoid their alteration, loss, treatment or unauthorized access, taking into account at all times the state of technology.

However, we cannot fully guarantee the absolute invulnerability of our security systems or those of third parties, since no security measure currently in place is absolutely unbreakable, and KABILA will therefore not be liable under any circumstances for any incidents that may arise in relation to personal data when they are derived from an attack or unauthorized access to its systems in such a way that it is impossible to detect them by the security systems in place, without prejudice to the possible obligation to report the event to the competent authorities and users concerned. Any third party, agent or representative of KABILA who needs access to your information is also obliged to introduce reasonable technical and organisational measures for the protection of your information. However, our website and Platform may contain links to third party sites.

Please note that these providers are governed by their own policies and we recommend that you review their terms and conditions, privacy and cookie policies before using such platforms or services. However, KABILA performs a prior filtering of providers to try to choose the one that offers the best security guarantees. But we cannot be responsible for the use and management that they make of your information.

Minors.

We do not knowingly process data of children under 14 years old unless expressly authorised by their parents or legal guardians. Thus, we understand that in the event that the user is a minor according to the applicable and relevant legislation, the appropriate consent has been given by their parents or legal guardians, so that the use of our services is being carried out with the recognition, understanding and acceptance of the terms set out herein, as well as the services themselves.

If we become aware that personal data of a minor has been provided or collected in or through our services or applications without that prior authorization, we will take appropriate measures to delete them as soon as possible, reserving the right to suspend or terminate the services and use of applications that you may be using.

We are not responsible for acts performed by persons without the necessary legal capacity or for the alteration or concealment of their conditions that make them incapable of performing such acts. Parents or legal guardians of children under 14 years old who are users of any of our services or applications can contact us via email to unsubscribe and delete their data.In the event that KABILA has doubts about the processing of the data of a user under 14 years of age without the consent of the parents or legal guardians, we may make a request for age verification by requesting their identity document (DNI) from the parents or legal guardians themselves, eliminating said DNI within thirty (30) days from the closing of the application ticket.If you are aware and know that a User is under-age and does not have the appropriate consent to operate on KABILA, please let us know via our Discord channel (discord.gg/KabilaApp) or via email (hello@kabila.app).

Of course, we will never disclose that it was you who informed us of this event or any other mishaps that may have occurred on the platform.

Rights over your data.

As a data subject, you have the right to exercise the following rights:

-> access to your data, which you can also consult in “my account-settings” section;
-> the rectification of your data, because we also want to make sure that your information is accurate and up to date;
-> the deletion of your data;
-> the limitation of the processing of data concerning you;
-> the opposition to the processing of your data, when the legal basis for the processing of your data is our legitimate interest;
-> the withdrawal of your consent to the processing of your data, when the legitimation for processing your data is your consent;
-> the portability of your data, when the legitimation for the processing of your data is your consent or the execution of a contract;
-> To not be subject to automated individual decision-making.
-> To exercise the aforementioned rights, you should contact KABILA through the registered address or email specified at the beginning of this Policy. We will process your request as soon as possible, always within the margins and deadlines stipulated by the RGPD and the legislation in force at the time of the request and our internal procedures.

In addition, you have the right to file a complaint with the Spanish Data Protection Agency (AEPD) if you have any doubts or are not satisfied with the exercise of your rights by writing to the postal address C/Jorge Juan nº6, C.P: 28001 (Madrid), with telephone number(+34) 912 663 517 or through its website.  However, please note that we cannot edit or delete information stored in the Hedera Hashgraph network, as we do not have custody or control of it. The information stored may relate to sales and transfers linked to your wallet address, FTs and NFTs stored in your wallet.