Privacy Notice

This Privacy Notice applies to the processing of personal information by Ape Foundation (“Ape Foundation,” “we,” “us,” or “our”) including on our website available at www.apechain.com and our other online or offline offerings which link to, or are otherwise subject to, this Privacy Notice (collectively, the “Interface”).

1. UPDATES TO THIS PRIVACY NOTICE

2. PERSONAL INFORMATION WE COLLECT

3. HOW WE USE PERSONAL INFORMATION

4. HOW WE DISCLOSE PERSONAL INFORMATION

5. YOUR PRIVACY CHOICES

6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

7. RETENTION OF PERSONAL INFORMATION

8. SUPPLEMENTAL NOTICE FOR EU/UK GDPR

9. CHILDREN’S PERSONAL INFORMATION

10. CONTACT US

We may update this Privacy Notice from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Privacy Notice on our website and/or we may also send other communications.

We collect personal information that you provide to us, personal information we collect automatically when you use the Interface, and personal information from third-party sources, as described below.

A. Personal Information You Provide to Us Directly

We may collect personal information that you provide to us.

• Account Information: We may collect personal information in connection with the creation or administration of your account. This personal information may include, but is not limited to, your email address, digital wallet address, information about the assets contained in your digital wallet, identification information, and other information you store with your account.

• Other Transactions: We may collect personal information and details associated with your activities on the Interface, including to deliver you your points or other incentives associated with your participation in the Points Program (as further described in the Terms of Service).

• Your Communications with Us: We and our service providers may collect the information you communicate to us, such as through email or our web chat tool.

• Interactive Features: We and others who use our Interface may collect personal information that you submit or make available through our interactive features (e.g. messaging features, commenting functionalities, forums, and social media pages). Any information you provide using the public sharing features of the Interface will be considered “public.”

• Conferences, Trade Shows, and Other Events: We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

• Business Development and Strategic Partnerships: We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

B. Personal Information Collected Automatically

We may collect personal information automatically when you use the Interface.

• Device Information. We may collect personal information about your device, such as your Internet protocol (IP) address, user settings, cookie identifiers, other unique identifiers, browser or device information, Internet service provider, and location information (including, as applicable, approximate location derived from IP address and precise geo-location information).

• Usage Information. We may collect personal information about your use of the Interface, such as the pages that you visit, items that you search for, the types of content you interact with, information about the links you click, the frequency and duration of your activities, and other information about how you use the Interface.

• Cookie Notice (and Other Technologies). We, as well as third parties, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect personal information through your use of the Interface.

  • Cookies. Cookies are small text files stored in device browsers.

• Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Interface that collects personal information about use of or engagement with the Interface. The use of a pixel tag allows us to record, for example, that a user has visited, a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded. See “Your Privacy Choices” below to understand your choices regarding these Technologies.

C. Personal Information Collected from Third Parties

We may collect personal information about you from third parties. For example, if you access the Interface using a Third-Party Service (defined below), we may collect personal information about you from that Third-Party Service that you have made available via your privacy settings. In addition, users of the Interface may upload or otherwise provide personal information about others. Further, we may obtain personal information through our analysis of blockchain information or from other publicly available sources.

We use personal information for a variety of business purposes, including to provide the Interface, for administrative purposes, and to provide you with marketing materials, as described below.

A. Provide the Interface

We use personal information to fulfill our contract with you and provide the Interface, such as:

• Managing your information;

• Providing access to certain areas, functionalities, and features of the Interface;

• Answering requests for support;

• Communicating with you;

• Sharing personal information with third parties as needed to provide the Interface;

• Connecting to your wallet to allow you to engage in building on the Interface;

• Facilitating transactions you enter into; and

• Allowing you to register for events.

B. Administrative Purposes

We use personal information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

• Carrying out analytics;

• Measuring interest and engagement in the Interface;

• Improving, upgrading, or enhancing the Interface;

• Developing new products and services;

• Creating de-identified and/or aggregated information;

• Ensuring internal quality control and safety;

• Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Notice;

• Debugging to identify and repair errors with the Interface;

• Auditing relating to interactions, transactions, and other compliance activities;

• Enforcing our agreements and policies; and

• Carrying out activities that are required to comply with our legal obligations.

C. Marketing

We may use personal information to tailor and provide you with marketing and other content. We may provide you with these materials as permitted by applicable law. If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” below.

D. With Your Consent or Direction

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information, with your consent, or as otherwise directed by you.

E. Automated Decision Making

We may engage in automated decision making, including profiling. If you have questions about our automated decision making, you may contact us as set forth in “Contact Us” below.

We disclose personal information to third parties for a variety of business purposes, including to provide the Interface, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

A. Disclosures to Provide the Interface

We may disclose any of the personal information we collect to the categories of third parties described below.

• Disclosures to the Blockchain. Aspects of the Interface may be hosted on or interact with the blockchain. Where you use aspects of the Interface that are hosted on or interact with the blockchain, information about your interactions and/or transactions will be provided to the applicable blockchain network and may be accessible to third parties due to the nature of the blockchain protocol.

• Service Providers. We may disclose personal information to third-party service providers that assist us with the provision of the Interface. This may include, but is not limited to, service providers that provide us with hosting, customer service, analytics, marketing services, account authentication, IT support, and related services. In addition, personal information and chat communications may be disclosed to service providers that help provide our chat features.

• Other Users You Share or Interact With. The Interface may allow Ape Foundation users to share personal information or interact with others (including the general public). Disclosures to the General Public. The Interface may allow Ape Foundation to publicly disclose personal information. For example, the Interface may include public disclosures about balances within connected blockchain wallets.

• Third-Party Services You Share or Interact With. The Interface may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”). If you participate in our Points Program, your score will be displayed on a public leaderboard. The Interface may also facilitate interaction with decentralized cryptographic protocols, maintained by third-party open-source communities. Any personal information shared with a Third-Party Service will be subject to the Third- Party Service’s privacy policy. We are not responsible for the processing of personal information by Third-Party Services.

• Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.

• Once your personal information is shared with a business partner, it will also be subject to a business partner’s privacy policy. We are not responsible for the processing of personal information by our business partners.

• Affiliates. We may share your personal information with our corporate affiliates.

B. Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.

The privacy choices you may have about your personal information are described below.

• Email Communications. If you receive an unwanted email from us, you can use the unsubscribe functionality found at the bottom of the email to opt out of receiving future emails. Note that you may continue to receive transaction-related emails. We may also send you certain non-promotional communications regarding us and the Interface, and you will not be able to opt out of those communications (e.g., communications regarding the Interface or updates to this Privacy Notice).

• “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

• Cookies. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, the Interface may not work properly. Please note you must separately opt out in each browser and on each device.

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. These countries may or may not have adequate data protection laws as defined by the data protection authority in your country. If we transfer personal information from the European Economic Area, Switzerland, and/or the United Kingdom to a country that does not provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses. For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

We store the personal information we collect as described in this Privacy Notice for as long as you use the Interface, or as necessary to fulfill the purpose(s) for which it was collected, provide the Interface, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

This Supplemental Notice for EU/UK GDPR only applies to our processing of personal information that is subject to the EU or UK General Data Protection Regulation. In some cases, providing personal information may be a requirement under applicable law, a contractual requirement, or a requirement necessary to enter into a contract. If you choose not to provide personal information in cases where it is required, we will inform you of the consequences at the time of your refusal to provide the personal information. Ape Foundation’s processing of your personal information may be supported by one or more of the following lawful bases:

Your Privacy Rights. If your personal information is subject to the applicable data protection laws of the European Economic Area or the United Kingdom, you may have the right to:

• Request Access to or Portability of Your Personal Information.

• Request Correction of Your Personal Information.

• Request Deletion of Your Personal Information.

• Request Restriction of or Object to Our Processing of Your Personal Information.

• Withdraw Your Consent to Our Processing of Your Personal Information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

• Lodge a Complaint with the Competent Supervisory Authority if you believe our processing of your personal information violates applicable law.

If you would like to exercise any of these rights, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

The Interface are not directed to children under 18 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to the Interface in violation of applicable law, you may contact us as described in “Contact Us” below.