Our Commitment to Online Privacy
At Fifthpint, LLC ("Fifthpint"), we care about your online privacy. That's why we have used privacy by design principles to create our online services. We believe all consumers should know what personal information is being collected about them and be aware of the rights they have when it comes to controlling what is shared online.
We know these privacy policies are about as exciting as watching paint dry. However, by continuing to use our online services, you agree to let us use your information in the ways set out in this privacy policy (the "Policy"), which is why you really should stick it out and read the whole thing.
Services this Policy Covers
This Policy covers the online services owned or controlled by Fifthpint, LLC, including our website, our social media accounts, and our app called Graflr (the "Services"). This Policy does not cover the practices of companies that are not owned by Fifthpint.
Sometimes, we may display a link to another company's website or online services or host our Services or content on a third-party platform. When you click on one of these links or access Services or content hosted on a third-party platform, you are leaving Fifthpint, and this Policy no longer applies.
Additionally, all transactions involving NFT minting, viewing, trading, and selling are facilitated and run by third-parties, and by using our site, you agree that you are governed by the policies implemented by such applicable third parties.
What Is Personal Information?
Personal Information is any information that may allow for an individual to be personally identified. For example, your name, email address, social security number, phone number, residential address, and credit card details are all considered personal information.
Other information, such as your interests, economic status, customer number, IP address, cryptocurrency wallet credentials (private key, passphrase, or recovery seed), cryptocurrency wallet address, geolocation, education, and job title, may also be considered personal information if that information, when combined with other information, is used to reveal your identity.
Personal Information Fifthpint Collects
We only collect personal information from you when you voluntarily consent for us to use it. Depending on whether you are using our Services as a "Fan" or a "VIP User," we may collect different information from you.
You voluntarily consent for us to collect, use, and store your personal information by:
Registering as a VIP User or Fan
To use our app, you log in using a compatible third-party social media platform such as Twitter, Facebook, or Instagram. We will receive personal information that you have allowed the third-party platform to share with us, including your username, name, email address, amount of followers, verified account status, profile photo, and bio. We do not have control over how the third-party social media platform collects your information. We will NEVER automatically post anything via your social media account.
Directly Providing Information
Sometimes, we may ask for personal information from you so that we can effectively give you information about our business or help you with a particular inquiry — such as when you reach out by email, use our contact form, create an account, or interact with our support teams.
Interacting with Our Services
When you use our Services, we may collect:
- Usage Information — activity clicks, time spent, number of photos taken and signed, date of signing, and visibility/signing settings.
- Cryptocurrency Wallet Address — your public wallet address to facilitate NFT delivery. We never access your private key.
- Device Information — hardware, software, browser type, language, time zone, IP address, device type, and mobile network, generally collected via pseudonymized third-party analytics.
- Camera and Microphone — required to take photos and have them autographed in the app.
- Bluetooth and Wi-Fi — required to connect Fans with VIP Users and enable in-app notes.
- Location Information — to notify Fans when a nearby VIP User is available. We use Google's Nearby Connections library: learn more.
Did Someone Say Cookies!?
These cookies are small files that we transfer to your device's filesystem through your browser.
- Types: We use session cookies (erased when you close your browser) and persistent cookies (remain for a set period).
- Why: Primarily to ensure our Services run smoothly, and to understand visitor counts, device types, and usage patterns.
- Advertising: We don't host targeted advertising via our Services, but may use it through platforms such as Facebook, Instagram, Twitter Ads, and Google Ads.
Not cool with cookies? Most browsers let you block them, though some features may stop working. To opt out of targeted advertising:
Learn more at www.allaboutcookies.org.
What About My Credit Card Information?
All payments for paid features are processed through your native app store. If we ever need to process a payment outside the app store, we only use PCI-compliant third parties. Either way, we never personally see or store your credit card information.
What Does Fifthpint Store on My Device?
Any photo you take is stored directly on your device's filesystem unless you explicitly choose to share it with another app. For VIP Users, we also store a PGP key on your device to enable photo signing. We may leverage iOS Keychain or Android Keystore to securely store these PGP keys.
Reasons Fifthpint Collects Personal Information
We never collect your information for the purpose of selling, renting, trading, mining, or otherwise abusing it. We only use your information for the following reasons:
- To personalize our online features and content
- To provide our Services
- To fulfill or enforce a contract
- To help you efficiently access your information
- To improve, monitor, and test our Services and new features
- To prevent, investigate, and address any misuse of our Services
- To learn about the types of people using our Services and how to market to them
- To allow you to contact us
- To allow you to pay for paid features or donate
- To allow you to participate in social sharing
- To provide VIP Users, venues, and sponsors with insights about Fans
- To respond to your inquiries and fulfill your requests
- To comply with law enforcement and regulatory authorities
- To communicate with you about our Services and projects
Sharing Your Information with Other Humans
Although we try to limit who we share your information with, there are situations where sharing is necessary for our legitimate business purposes:
- VIP Users, Venues & Sponsors — When you request an autograph, we may share your name, email address, date and location of autograph, and crypto wallet address with the VIP User, as well as interaction data. Venues and sponsors of the event may also receive this information and may add you to their emailing list. Once shared, we are no longer in control of that information.
- Agents — Trusted companies or individuals working for us as agents may access your information only as necessary for a specific task, in compliance with our privacy practices.
- Third-Party Software and Apps — We use third-party tools to verify VIP Users and support our operations; some personal information may be stored or shared with these apps.
- New Owners — In the event of a bankruptcy, merger, or acquisition, your information may be transferred. We will notify you before any substantial change in ownership.
- Affiliated Companies — Fifthpint may share information with companies wholly or partially owned by Fifthpint, LLC or its majority members.
- Law Enforcement — We will share your information when we believe in good faith it is necessary to protect our business or clients, or when legally required.
Email and Notification Policy
Emails You Can Opt Out Of
Marketing emails and in-app notifications mean you've previously opted in. You can always opt out by clicking "unsubscribe" at the bottom of any email or by turning off notifications in the app's settings.
Emails You Cannot Opt Out Of
Some transactional or critical messages — such as policy change notifications or purchase confirmations — cannot be opted out of, as they contain important information that must be delivered.
Emails from VIP Users, Venues & Sponsors
Third parties you interact with may add you to their mailing lists. We are not in control of those lists; any unsubscribe requests must be directed to the third party.
Personal Information Retention and Storage
We only store your information for as long as we need it to render our Services. Fifthpint is formed and operated in the United States, and data we collect is stored and processed here. We also use third-party cloud storage and a blockchain ledger, which may store your information outside the United States, making it subject to international privacy laws.
Once you delete your account (via the app's settings), all associated personal information, message text, image uploads, and autographed messages should be automatically deleted. We retain aggregated, de-identified information. Please note that information stored on an NFT is permanent and cannot be deleted.
Your Rights
Depending on your residency (e.g., under the California Consumer Privacy Act or EU GDPR), you may have the right to request that we:
- Give you access to any personal information we have processed
- Correct any incorrectly processed personal information
- Delete your personal information from our systems
- Transfer your personal information to another service, when technically feasible
- Stop using your personal information in specific ways by withdrawing consent
Contact us using the information at the end of this Policy to make any of these requests. Note that we may be required to retain some information for legal or administrative purposes.
Liability for Third-Party Software & Apps
We always use our best efforts to pick reputable third-party software and apps, and we check their privacy and security standards before sharing your information with them. However, we are not liable for any breach of privacy or data security that occurs due to the fault of these third parties.
Keeping Your Information Safe
We have physical, electronic, and managerial systems and procedures in place to help keep your information secure. Unfortunately, no online system can guarantee complete security. In the unlikely event of a breach on our end, we will notify you as soon as reasonably possible in accordance with United States data breach regulations.
Protection of Children
Our Services are not directed at children under the age of 16. We do not knowingly collect personal information from anyone under this age limit and delete this information as soon as we become aware of it. Those between ages 16 and 18 must have a parent or guardian's permission. To purchase any paid features or make a donation, you must be over 18.
Changes Made to This Policy
We may modify this Policy as our privacy practices and the laws surrounding privacy develop. The date at the top of this Policy lets you know when it was last revised. If a change will materially affect the way we use your information, we will send you an email or in-app notification. By continuing to use our Services after a revision, you allow us to use your information as described in the updated policy.
Dispute Resolution
We will always try to resolve your concerns promptly and hope to find a solution without involving costly legal channels. However, if we cannot come to an agreement, by using our Services you agree to binding arbitration rather than formal court proceedings.
Additional Terms of Use Terms
This Policy is subject to terms stated within our Terms of Use. Specifically, this Policy is subject to all clauses regarding warranties, limitation of liability, indemnification, assignment, waiver, severability, applicable law, jurisdiction, and entire agreement.
Contact Fifthpint
If you ever have any questions about how we use your personal information or about our Services in general, feel free to reach out to us.