PRIVACY POLICY

Last updated: April 4, 2022

This privacy policy (the ”Privacy Policy”) describes how your personal information is collected, used, and shared when you visit GUMBIT.XYZ (the ”Site”) or use any of the other services (together with the Site, the ”Services”) offered by Programmed Success, Inc. and Gumbit by PJ O’Rourke (”Gumbit by PJ O’Rourke” ”us” or ”we”).

By accessing or using the Services, you consent to the information collection and data handling practices outlined in this Privacy Policy.

PERSONAL INFORMATION WE COLLECT

”Personal Information” is information that can be used to identify and/or contact you, such as your contact details, including your name, e-mail address and/or any and all other information that you provide in the course of requesting access and using the Services, including any data about your use of the Services, which may be collected automatically.

When you visit the Site and/or use the Services via the Site, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and/or some of the cookies that are installed on your device. As you browse the Site, we may use cookies to collect information about the individual web pages or products that you view, and information about how you interact with the Site.

For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Note that our Services may require certain cookies to be enabled; if all cookies are disabled, not all Services may be available to you. Other than the information described, Gumbit by PJ O’Rourke does not collect any Personal Information from users of its Site or Services. To use the Services however the user will need to establish an [Ethereum] wallet with a third-party.

PERSONAL INFORMATION THAT WE RECEIVE FROM THIRD PARTIES

Gumbit by PJ O’Rourke requires that a user have an Ethereum wallet in order to use the Services. When your Ethereum wallet is used to mint or purchase a Gumbit by PJ O’Rourke NFT, your Ethereum account address is provided to Gumbit by PJ O’Rourke by the third-party platform on which the Ethereum wallet is created.

We do not receive Personal Information from third parties currently. Any and all Personal Information received by Gumbit by PJ O’Rourke in the future from third party websites or applications will be subject to this Privacy Policy.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use this Personal Information generally to fulfill any orders placed for Gumbit by PJ O’Rourke services. Additionally, we use this Information to:

• Analyze trends and track your usage of and/or interactions with the Services to improve your experience and our service offerings;
• Diagnose and/or fix technological issues;
• Prevent fraud or criminal activities, misuse of our products or services and/or ensure the security of our IT systems, architecture and/or networks;
• Monitor aggregate metrics such as total number of visitors, traffic, and/or demographic patterns;
• Comply with legal obligations and/or legal process;
• Respond to requests from public and/or government authorities, including public and government authorities outside your country of residence; and
• Protect our operations.

We may use cookies, log file, device identifiers, location data and/or clear gifs information to remember information so that you will not have to re-enter it during your visit or the next time you visit the Services, provide custom, personalized content and information and help you efficiently access your information after you sign in.

In an ongoing effort to better understand our users and the Services, we reserve the right to analyze your information in aggregate form to operate, maintain, manage, and/or improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with any and all of our affiliates, agents, and/or business partners. We may also disclose aggregated user statistics in order to describe our services and/or products and the Services to current and prospective business partners and to other third parties for other lawful purposes.

HOW WE SHARE PERSONAL INFORMATION

We share the Personal Information we collect and receive only with trusted third parties and/or business partners to help us use such Personal Information to provide services to you, as described herein, such as: Web hosting services; IT and cybersecurity tools; and/or developers.

In the event of a merger, reorganization, dissolution, and/or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including Personal Information, would be transferred to the surviving entity in a merger or the acquiring entity. If we are involved in a merger, acquisition or asset sale, or in the unlikely event of a bankruptcy, liquidation and/or receivership of our business, and your personal information becomes subject to a different privacy policy, we will provide affected users notice through the Services.

We may also share such Personal Information where required to do so by law and/or subpoena or if we reasonably believe that such action is necessary to (a) Comply with the law and the lawful requests by governmental, self-regulatory and/or other public authorities (including for the purpose of meeting national security or law enforcement requirements); (b) To enforce our terms of use and/or to protect the security, quality and/or integrity of our Services; and/or (c) To exercise and/or protect the rights, property, and/or personal safety of Gumbit by PJ O’Rourke, our users, or others.

HOW LONG DO WE RETAIN PERSONAL INFORMATION

We will maintain Personal Information in our records until such information is automatically deleted in accordance with Gumbit by PJ O’Rourke’s data retention policy in effect from time to time or until you ask us to delete this information, if earlier. If certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties’ policies.

HOW WE ENSURE PERSONAL INFORMATION REMAINS SECURE

Gumbit by PJ O’Rourke uses commercially reasonable safeguards to preserve the integrity and security of all Personal Information that Gumbit by PJ O’Rourke collects from you and/or from third parties, including encryption. However, Gumbit by PJ O’Rourke cannot ensure and/or warrant the security of any information you transmit to Gumbit by PJ O’Rourke or guarantee that information on the Services may not be accessed, disclosed, altered, and/or destroyed.

SELLING PERSONAL INFORMATION

Gumbit by PJ O’Rourke will not rent or sell your Personal Information to third parties without your consent.

CHANGES TO PERSONAL INFORMATION

We rely on you to update and/or correct your personal information. Note that we may keep historical information in our backup files as permitted by law. If our website does not permit you to update or correct certain information, please contact us at the email address listed below.

CROSS-BORDER STORAGE AND PROCESSING

The Personal Information we collect and/or receive may be stored and processed in the United States and/or any other country in which Gumbit by PJ O’Rourke or its affiliates, or service providers maintain facilities. Gumbit by PJ O’Rourke may transfer information that we collect about you, including Personal Information, to affiliated entities, or to other third parties across borders and from your country and/or jurisdiction to other countries and/or jurisdictions around the world.

If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including Personal Information, to a country and/or jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the United States or any other country in which Gumbit by PJ O’Rourke or its affiliates, or service providers maintain facilities and the use and/or disclosure of information about you as described in this Privacy Policy.

EXTERNAL WEBSITES & SERVICES

The Services may contain links to third-party websites or applications, including for purposes of providing account linking services or payment services. Gumbit by PJ O’Rourke has no control over the privacy practices and/or the content of any of these websites or applications. As such, we are not responsible for the practices employed by websites and/or services linked to and/or from the Services, including the information and/or content contained therein.

Please remember that when you use a link to go from the Services to another website or applications, our Privacy Policy does not apply to third-party websites and/or services. You should check the applicable third-party privacy policy and terms of service when visiting any other websites and/or applications, and before providing any Personal Information to such external websites and/or applications. Your browsing and interaction on any third-party website and/or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies.

CHILDREN

The Services are not intended for individuals under the age of eighteen (18), and Gumbit by PJ O’Rourke does not knowingly collect and/or solicit any information from anyone under the age of 18 and/or knowingly allow such persons to register as users.

YOUR RIGHTS

You may exercise the rights to which you are eligible with respect to your Personal Information by contacting Gumbit by PJ O’Rourke at any time using – see ”Contact Us” below.

OPT-OUT FOR DIRECT MARKETING

You may opt out at any time from the use of your Personal Information for direct marketing purposes by contacting us. Please allow us a reasonable time to process your request. With your consent, we may send promotional and/or non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

RIGHTS OF EEA RESIDENTS

If you are a resident of the European Economic Area (EEA), you have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, updated, and/or deleted. If you would like to exercise this right, please contact us through the contact information below.

Further, if you are an EEA resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Services), and/or otherwise to pursue our legitimate business interests listed above. Please note that your information will be transferred outside of Europe, including to the United States.

RIGHTS & DISCLOSURES OF CALIFORNIA CONSUMERS AND RESIDENTS

Under California law, specific disclosures are required, and California residents have additional rights regarding their Personal Information. Please review this section to learn more. A printable copy of this Privacy Policy can be downloaded (please insert link HERE).

Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting that they not track the user. We do not currently respond to Do Not Track browser settings or signals. For further information about Do Not Track, please visit www.allaboutdnt.org.

The following details the categories of Personal Information that we collect and have collected over the past twelve (12) months: IP addresses. Under the California Consumer Protection Act of 2018 (”CCPA”), a California consumer has the following special rights:

• Right to request that the business disclose what Personal Information it collects, uses, discloses, and/or sells;
• Right to request the deletion of their Personal Information collected by the business; and/or
• Right, at any time, to direct a business that sells Personal Information about the consumer to third parties not to sell the consumer’s Personal Information (”right to opt-out”).

Over the past twelve (12) months, we have not disclosed any Personal Information to any third parties nor do we expect to do so in the future. Based on our understanding of the term ”sell” under the CCPA, we do not sell your Personal Information.

To exercise their rights and request copies of the data collected about them in the past 12 months, that their Personal Information collected by Gumbit by PJ O’Rourke be deleted, and/or to exercise their right of opt out, California residents may make a request at legal@gumbit.xyz. Such request must include sufficient information to allow us to verify that you are the person about whom we have collected Personal Information and describe your request in sufficient detail to allow us to understand, evaluate, and/or respond to it. Opt-Out Requests may be cancelled by making an Opt-In Request.

We will work to respond to your valid request within forty-five (45) days of receipt. We will not charge you a fee for making a valid request unless your valid request(s) is excessive, repetitive, and/or manifestly unfounded. If we determine that your valid request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

We will use the information you provide to make your CCPA rights requests to verify your identity, identify the Personal Information we may hold about you, and act upon your request. We strongly recommend that you submit the email address that you used when you registered with the Services. After you submit a CCPA rights requests using one of our forms, you will be required to verify access to the email address you submitted. You will then receive an email with a follow-up link to complete your email verification process. You are required to verify your email in order for us to proceed with your CCPA rights requests. The verification email may be located in your spam or junk folder. If you are a California resident and have any questions regarding your CCPA rights under this Privacy Policy, please contact us at to legal@gumbit.xyz.

RIGHT TO BE FREE FROM ANY AND ALL DISCRIMINATION

You may exercise any of the above rights without any fear of being discriminated against whatsoever. We are permitted to provide a different price or rate to you if the difference is directly related to the value provided to you by your data.

California Customers may request further information about our compliance with California’s privacy law, and may request to review and request changes to their Personal Information collected and stored by Gumbit by PJ O’Rourke by e-mailing legal@gumbit.xyz or contacting us as stated below.

PRIVACY POLICY CHANGES

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We reserve the right to update this privacy policy from time to time in order to reflect changes to our practices or for other operational, legal and/or regulatory reasons. Any such changes on the Services will be posted as soon as they go into effect. We encourage you to periodically review this page for the latest information on our privacy practices. You can always check the ”last updated” date at the top of this document to see when the Privacy Policy was last changed.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a data request and/or a complaint, please contact us by e-mail at legal@gumbit.xyz.

We will respond to all requests within a reasonable timeframe. We retain and use your information as necessary to comply with our legal and contractual obligations, statute of limitations, resolution of disputes, and/or enforcement of our agreements. Please note that we may not be able to delete all of your data upon request depending on the reasons above and the nature of your interactions.