Privacy Statement

This Privacy Statement (“Privacy”) regarding the processing of personal data for individuals in cooperation with Niceberg Inc. (“Utilify”) is prepared in accordance with the 6698 Law on the Protection of Personal Data and General Data Protection Regulation (GDPR) (“Law”) to specify the method of obtaining personal data of individuals who want to use Utilify’s services as an intermediary for the ownership of NFT (“non-fungible tokens”) on the blockchain, the purposes of the processing, the third parties to whom the data is transferred, and the rights of individuals who use these services as the data subjects.

The personal data you provide when you use Utilify’s service as an intermediary for the ownership of NFT will be processed in accordance with the Law and this Privacy Statement

Identity of the Data Controller

The expression “Utilify” in this Privacy Statement refers to the company operating under the brand “Niceberg Inc.”, established in the USA. As far as the processing of data in the context of NFT services is concerned, the data controller is Niceberg Inc. located at 2810 N Church St, PMB 73194 Wilmington, Delaware 19802-4447 US. (“Utilify”).

Method of Obtaining Personal Data

The personal data obtained through the information you enter on the campaign page, which can be accessed by a relevant QR code or a direct URL link, will be collected at the beginning of the use of the application/website in accordance with the basic principles specified in the Law, for the purposes stated below, with your consent in the context of the NFT acquisition service.

Which Personal Data is Processed?

During the use of the application/website, Utilify will process your personal data in the following categories:

Identity data:

  • Name,

  • Surname,

  • Profile Picture,

  • Date of birth,

  • Gender

  • Email address,

  • Mobile phone number,

  • Social media account name

  • Wallet address

What Purposes and Processing Conditions Does Utilify Process Your Personal Data For?

Your personal data is processed for the following purposes:

For a legal reason clearly specified in the law,

For the processing of personal data of the parties involved in a contract necessary for the performance of the contract directly related to the conclusion or execution of the contract,

For the fulfillment of the legal obligations of the data controller,

For the processing of data necessary to establish, use or protect a right,

For the necessary processing of data for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the relevant person, including:

Verifying your identity,

For purposes related to the planning and implementation of marketing/promotion activities related to the products that Utilify sells and distributes, including the processing of personal data in accordance with the personal data processing conditions and purposes specified in the law.

Personal Data Transfer

Your personal data may be shared with Utilify authorities, affiliates, partners, suppliers, shareholders, legally authorized public institutions, and private organizations. Utilify may transfer your personal data and new data obtained through the use of such personal data to third parties limited to the purpose of providing the services. Utilify may share personal data with external service providers, hosting providers, research companies, call centers, and third parties such as the legal entity or natural person appearing as the issuer in the NFT's metadata acquired within the scope of the service, for the purposes of improving and personalizing the online and offline user experience on all platforms and channels, including Utilify's websites and mobile applications, ensuring data security, detecting fraudulent or unauthorized use, operational assessment research, and fixing errors related to Utilify's services.

Method of Collection and Legal Basis of Personal Data

Your personal data is collected during sales/promotion/advertising activities, either orally or in writing, or directly through electronic or form methods. The personal data collected for the above legal reasons can be processed and transferred to the parties mentioned above, taking into account the Personal Data Protection Law No. 6698, General Data Protection Regulation (GDPR) and the relevant legislation, and the purposes specified in this Clarification Document and, if required, the Consent Document.

How Long Do We Keep Your Personal Data?

Your personal data processed within the scope of services mentioned in this Clarification Document will be kept in accordance with the provisions of the Personal Data Protection Law No. 6698, General Data Protection Regulation (GDPR), and relevant legislation.

What Are Your Rights Regarding Your Personal Data?

In accordance with Article 11 of the Law, with respect to the personal data processed by Utilify, you have the right to:

  • Learn whether your personal data is being processed,

  • Request information about the processing of your personal data if it has taken place,

  • Learn the purpose of processing your personal data and whether it is being used appropriately,

  • Learn about third parties to whom your personal data has been transferred, both within and outside the country,

  • Request correction of your personal data if it has been processed incorrectly,

  • Request deletion or destruction of your personal data if the reasons for processing it no longer exist,

  • Request notification of the correction or deletion of your personal data to third parties to whom it has been transferred,

  • Object to the production of a result against you through the analysis of your processed data exclusively by automated systems,

Request compensation for damages if you have suffered damages as a result of your personal data being processed in violation of the law.

In the context of these rights, you can make your application to Utilify 

  • by sending a document (prepared in accordance with the Regulation on the Procedures and Principles for Making an Application to the Data Controller) to the following address:2810 N Church St, PMB 73194 Wilmington, Delaware 19802-4447 US

  • or by sending an email from your e-mail address, subject to being previously notified and confirmed in the relevant company systems, to gdpr@niceberg.xyz.