This Privacy Policy governs the collection, processing, use, storage, retention, transfer, disclosure, protection and, where applicable, deletion of personal data, technical information, behavioural information, transactional information, marketplace activity, authentication-related information, subscription information and any other category of information processed through ARTFI, including its applications, websites, interfaces, digital marketplaces, dashboards, APIs, software components, payment environments, integrations, tracking technologies, technological infrastructure, security functionalities and related technological environments (hereinafter, the “PLATFORM”), owned and operated by smarkt, LLC (hereinafter, “ARTFI”).
This Privacy Policy forms an integral part of the Terms and Conditions governing the use of the PLATFORM and shall be construed jointly with them, as well as with any legal notice, operational guideline or supplementary document made available by ARTFI to the user (hereinafter, the “USER”) by electronic means. Access to, navigation of, registration on, uploading of content to, acquisition or disposal of assets through, participation in digital functionalities of, or any interaction with the PLATFORM implies the USER’s express, free, informed and unconditional acceptance of this Policy.
ARTFI shall act as the controller of the information processed pursuant to this Privacy Policy and undertakes to implement reasonable technical, administrative, organizational and cybersecurity measures intended to safeguard the confidentiality, integrity, availability and security of the information under its control.
The scope of processing includes information provided directly or indirectly by the USER, information generated through interaction with the PLATFORM, marketplace activity, subscription environments, payment environments, analytics, operational records, fraud prevention systems, security monitoring and any information generated as part of the operation, maintenance, protection or continuous improvement of the SERVICES
The processing of information shall be carried out in accordance with applicable law, including, without limitation, the Federal Law on Protection of Personal Data Held by Private Parties (Mexico), as well as, where applicable, the General Data Protection Regulation (GDPR) of the European Union and any other applicable provisions.
The USER acknowledges that, due to the digital and potentially international nature of the PLATFORM, the processing of information may involve multiple jurisdictions, including those in which users, servers, technology providers or markets in which assets are offered are located.
The USER further acknowledges that operation of the PLATFORM may involve international data flows, cloud-hosting providers, marketplace infrastructure, payment processors, blockchain infrastructure (where applicable), cybersecurity services, analytics providers and other authorized technological service providers operating across multiple jurisdictions.
ARTFI may process information consisting of identification and contact information, including name, email address, username, digital profiles and account identifiers; account registration information; subscription status; billing and payment-related information; marketplace activity; transaction history; digital asset listings; interactions with other users; support communications; operational records; technical information such as IP address, browser metadata, operating system, device identifiers, user-agent information, timestamps, access logs, session data and technical usage patterns; behavioural analytics; telemetry data; security logs; fraud-prevention information; information relating to interactions with analytics, advertising or tracking technologies; and any other information voluntarily provided by the USER through the PLATFORM.
Where applicable, ARTFI may additionally process wallet identifiers, blockchain transaction hashes, digital asset metadata, compliance-related information, identity verification information and any additional information reasonably necessary for transaction validation, regulatory compliance, fraud prevention or operational security.
The USER further acknowledges that certain information generated through analytics, advertising integrations, behavioural tracking technologies or third-party technological providers may be processed by authorized third parties in accordance with their own technological infrastructure and applicable privacy frameworks.
Information shall be processed for purposes including enabling registration, authentication and access to the PLATFORM; operating and maintaining user accounts; facilitating marketplace activity and interactions between users; processing acquisitions, disposals or transfers of digital assets; administering subscriptions and billing relationships; maintaining operational traceability; detecting, preventing and mitigating fraud, abuse, unauthorized access or malicious conduct; generating operational records, technical logs and support records; improving, optimizing and developing the PLATFORM and the SERVICES; conducting behavioural analytics and usage analysis; administering advertising integrations where applicable; complying with legal or regulatory obligations; responding to lawful requests from competent authorities; issuing operational communications, technical notifications, security alerts and service-related notices; and enforcing the Terms and Conditions and related policies governing the PLATFORM.
ARTFI may additionally process information in aggregated, dissociated, anonymized or statistical form for purposes relating to analytics, technological development, operational optimization, cybersecurity analysis, commercial intelligence, product development or business improvement, provided that such processing does not directly identify the USER.
The USER expressly acknowledges and understands that the operational environment of the PLATFORM entails different categories of information processing intended to ensure system integrity, improve technological performance and support the operation of the SERVICES. Accordingly, ARTFI categorizes such processing as follows:
• Security Telemetry and Safeguards: Technical information necessary for authentication, fraud prevention, cybersecurity monitoring, unauthorized access detection and system protection.
• Performance Analytics and Optimization: Aggregated usage information, interaction patterns and technical performance metrics processed to improve stability, functionality, marketplace performance and user experience.
• Advertising and Behavioural Tracking: Tracking technologies and third-party integrations used for behavioural analytics, commercial intelligence, advertising optimization and marketing purposes, where applicable.
ARTFI may utilize authorized third-party providers to enable these functionalities. Certain premium or subscription-based environments may limit or exclude advertising-related processing while maintaining essential security and operational analytics required for the provision of the SERVICES.
The processing of information is based on the performance of the legal relationship arising from the use of the PLATFORM, the legitimate interest of ARTFI in ensuring the operation, security and continuous improvement of the service, compliance with legal or regulatory obligations and, where applicable, the USER’s consent.
The USER acknowledges that certain information provided may be visible to other users within the PLATFORM, depending on the nature of the marketplace or digital environment, including listings, profiles, assets or shared content.
ARTFI shall not be responsible for the use that other users may make of such information when it has been voluntarily published by the USER.
ARTFI may share, transfer or disclose information to third parties, within or outside the USER's jurisdiction, where reasonably necessary for the operation of the PLATFORM, including hosting providers, infrastructure providers, payment processors, marketplace providers, cybersecurity services, analytics providers, advertising providers, support providers, professional advisors, auditors, affiliates or competent governmental, judicial or regulatory authorities.
ARTFI shall not sell the USER's personal data to unrelated third parties.
The USER acknowledges that certain authorized third-party providers may process information pursuant to their own technological infrastructure, contractual arrangements and applicable privacy frameworks.
ARTFI implements reasonable technical, organizational, administrative and cybersecurity measures intended to protect information against unauthorized access, loss, misuse, alteration, destruction, disclosure or compromise, taking into consideration the nature of the PLATFORM and the operational environment of the SERVICES.
Such measures may include encryption protocols, authentication controls, access controls, monitoring systems, restricted-access environments, internal security procedures and cybersecurity safeguards consistent with commercially reasonable industry standards.
Notwithstanding the foregoing, the USER expressly acknowledges that no technological environment, cloud infrastructure, software platform, blockchain network or transmission channel can guarantee absolute security or complete immunity from vulnerabilities, exploits, malware, interception or future cybersecurity threats.
In the event of a confirmed security incident or personal data breach affecting information under ARTFI's control, ARTFI shall notify affected users and competent authorities whenever required by applicable law.
The USER may exercise such rights as may be available under applicable law, including rights of access, rectification, erasure, restriction, objection, portability or withdrawal of consent with respect to information processed by ARTFI, subject to the limitations established under applicable law and the technological nature of the PLATFORM.
The USER expressly acknowledges that certain information may not be directly accessible, modifiable or erasable by ARTFI where such information has been processed by authorized third-party service providers, blockchain networks, decentralized infrastructures, payment processors or other technological environments that operate independently from ARTFI's direct control, or where retention is required pursuant to applicable legal, regulatory, contractual, fraud-prevention or cybersecurity obligations.
To exercise any of these rights, the USER may submit a request to ARTFI's Privacy Team via email at [email protected]
Information shall be retained for such period as may be necessary to fulfill the purposes described in this Privacy Policy, comply with legal or regulatory obligations, resolve disputes, enforce agreements, maintain operational records, defend legal claims or preserve cybersecurity integrity.
Certain technical logs, transaction records, marketplace records, security records, payment records, compliance documentation or operational records may continue to be retained for compliance, fraud-prevention, audit or cybersecurity purposes where reasonably necessary.
Where applicable, information may also be retained where necessary to preserve transaction history, ownership records, marketplace integrity or digital asset provenance.
Information processed through the PLATFORM may be transferred to, stored, and processed on servers and technological infrastructure located in jurisdictions outside the USER's country of residence, including, without limitation, the United Mexican States, the United States of America and member states of the European Union.
Such transfers are conducted to support the operational, technological, corporate or infrastructural requirements of ARTFI and its authorized service providers.
To safeguard information during cross-border transfers, ARTFI relies on legally recognized transfer mechanisms under applicable privacy frameworks, including Standard Contractual Clauses (SCCs), adequacy decisions or Data Processing Agreements (DPAs) incorporating equivalent technical and organizational security standards.
The USER expressly consents to such international transfers and acknowledges the international nature of the PLATFORM and its supporting technological infrastructure.
The PLATFORM may use cookies, SDKs, local storage technologies, pixels, session technologies and similar tracking mechanisms for authentication, analytics, behavioural analysis, advertising, operational functionality, security monitoring, fraud prevention and user-experience optimization purposes.
The USER may configure certain browser environments to reject or limit cookies or tracking technologies; however, doing so may affect the availability or functionality of certain components of the PLATFORM.
ARTFI reserves the right to modify, restate, update or amend this Privacy Policy at any time.
Such modifications shall become effective upon publication or notification through the PLATFORM or any reasonable electronic means.
Continued access to or use of the PLATFORM following such modifications shall constitute acceptance thereof.
This Privacy Policy, as well as any processing of information, legal relationship or dispute arising out of or related thereto, shall be governed by and construed in accordance with the federal laws of the United Mexican States, excluding any conflict-of-laws provisions that could refer to the application of foreign law.
Any dispute shall be finally resolved by arbitration administered by the International Court of Arbitration of the International Chamber of Commerce (ICC), with seat in Mexico City, United Mexican States, in the English language, in accordance with its Rules in force at the relevant time.
Notwithstanding the foregoing, ARTFI may seek interim, provisional or injunctive relief before competent judicial or administrative authorities whenever necessary to protect confidential information, trade secrets, digital assets, technological infrastructure, cybersecurity systems, marketplace integrity or intellectual property rights.
The USER acknowledges the international nature of data processing associated with the PLATFORM and assumes responsibility for compliance with any laws applicable to the USER in connection with access to or use of the SERVICES.
The USER expressly acknowledges and understands that the PLATFORM, its technological environment and the SERVICES are not directed to, intended for, or designed to attract individuals under the age of 18 or the corresponding age of majority in the USER's jurisdiction.
ARTFI does not knowingly or intentionally collect, process, use or retain personal data belonging to minors. In the event that ARTFI identifies the processing of information from a minor within its operational infrastructure, it shall implement reasonable technical and administrative measures to restrict the associated account and proceed with the immediate deletion or dissociation of such information, pursuant to applicable legal and regulatory obligations.
