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Privacy Notice

Privacy Notice

Privacy Notice

Privacy Notice
Privacy Notice

Privacy Notice

Effective: January 24, 2025

Overview

CleanSpark, and each of its affiliates (collectively, “CleanSpark,” “we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. 

This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our websites located at https://www.cleanspark.com/ and https://investors.cleanspark.com/overview/default.aspx, our apps that we may provide, our related social media sites (such as X, Instagram, LinkedIn, YouTube and Meta), or otherwise through your interactions with us (the website, apps, and social media pages, collectively, the “Site”).

Please review the following to understand how we process and safeguard personal data about you. By using any of our Site, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.

1. Personal Data We Collect
  1. Categories of Personal Data We Collect
  2. How We Use Your Personal Data
  3. How We Obtain Your Personal Data                 
  4. Who We Share Your Personal Data With
2. Your Rights Regarding Personal Data
  1. Accessing, Modifying, Rectifying, and Correcting Personal Data
  2. Your California Privacy Rights
  3. Your Nevada Privacy Rights
  4. Your Other US State Rights
3. Your Choices
  1. Communications Opt-Out
  2. Location Information
4. Protecting Personal Data
5. Retention of Personal Data
6. Other Important Information About Personal Data
  1. Collection of Personal Data from Children
  2. Third-Party Websites
  3. Business Transfer
  4. International Use
7. Modifications and Updates to this Privacy Notice
8. Applicability of this Privacy Notice
9. Additional Information and Assistance

1. Personal Data We Collect

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this notice.

1. a. Categories of Personal Data We Collect

The types of personal data we collect about you depends on your interactions with us and your use of the Site. We may collect and use the following personal data about you:

  1. Identifiers, such as a real name, alias, language preference, postal address, email address, account name, driver’s license number, passport number, or other similar identifiers.
  2. Characteristics of protected classifications under federal law such as race, color, religion, sex, national origin, age (40 or older), disability and genetic information (including family medical history).
  3. Commercial information, or other purchasing or consuming histories or tendencies.
  4. Audio, electronic, visual, thermal, olfactory, or similar information.
  5. Professional or employment-related information.
  6. Education information.
  7. Sensitive personal data or special categories of personal data, such as, biometric information, credit card information and social security number.

We will not collect additional categories of personal data other than those categories listed above. If we intend to collect additional categories of personal data, we will provide you with a new notice at or before the time of collection.

1. b. How We Use Your Personal Data

We collect and process your personal data for the following business purposes:

  1. Providing, predicting, or performing, including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions, verifying customer information, and processing payments.
  2. Communicating with you by email and administering surveys about us and information tailored to your requests or inquiries.
  3. Auditing related to a current interaction with the consumer and concurrent transactions.
  4. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
  5. Debugging to identify and repair errors that impair existing intended functionality.
  6. Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
  7. Undertaking internal research for technological development and demonstration.
  8. Undertaking activities to verify or maintain the quality or safety of the devices owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the devices owned, manufactured, manufactured for, or controlled by us.
  9. Complying with applicable laws, regulations, rules, and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
  10. As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
  11. To administer promotional activities or events sponsored or managed by us or our business partners.
  12. To process your employment application.
  13. Enforcing our Terms and Conditions and other usage policies.

We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.

1. c. How We Obtain Your Personal Data

We collect your personal data from the following categories of sources:

  • Directly from you. We may collect and process personal data relating to you in connection with our on-going relationship with you or your company when you provide it directly, such as when you register on our website, communicate with us via correspondence and calls or whether online or in-person, and when you invest in our business or inquire as to a potential purchase in our business.
  • From our Service Providers. For example, platform hosting services, order processing and fulfillment services, commercial email providers, security consultants, and other Service Providers we engage.
1. d. Who We Share Your Personal Data With

We disclose your personal data with the following categories of third parties:

  • Our Service Providers such as our third-party suppliers and service providers (including providers for the operation of our websites and/or our business), which may handle personal data confidentially on our behalf.
  • Our affiliated entities.
  • Our existing business partners or prospective partners to provide us and/or our affiliates and partners with information about the use of the Site and levels of engagement with the Site to allow us to enter into new business relationships.
  • Auditors, government agencies or other competent regulatory authorities when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Site or our interests, rights, property, or safety, and/or that of our users and others.

2. Your Rights Regarding Personal Data

You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you.

2. a. Accessing, Modifying, Rectifying, and Correcting Collected Personal Data

We strive to maintain the accuracy of any personal data collected from you and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review your information carefully before submitting it to us and notify us as soon as possible of any updates or corrections.

Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Site, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.

2. b. Your California Privacy Rights

California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, please note that we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

Please refer to our California Privacy Notice to see your rights under the California Consumer Privacy Act (“CCPA”).

2. c. Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to the through the contact methods below and are free of charge.

2. d. Your Other US State Rights

If you are located in Virginia, Colorado, Connecticut, Utah, Oregon or Texas, you have certain rights regarding your personal data. The section describes how we collect, use, and share your personal data under the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Act Concerning Personal Information Privacy and Online Monitoring, the Utah Consumer Privacy Act, the Oregon Consumer Privacy Act, the Texas Data Privacy Act, and your rights with respect to that personal data.

As a Virginia, Colorado, Connecticut, Utah, Oregon or Texas resident, you have some or all of the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by law. You can ask to appeal any denial of your request in the same manner through which you may submit a request.

  • Right to Access and Portability: You have right to access your personal data and/or receive a copy of the personal data we have collected about you.
  • Right to Correct: You have the right to correct inaccurate personal data that we have collected about you.
  • Right to Delete: You have the right to delete the personal data we have obtained about you or that you have provided to us with certain exceptions.
  • Right to Opt-out of Tracking for Targeted Advertising Purposes: You have the right to opt-out of certain tracking activities for targeted advertising purposes.
  • Right to Opt-out of Profiling: If we process your personal for profiling purposes as defined by these US state laws you can opt-out of such processing.
  • Right to Non-discrimination: You have the right to be free from discrimination as prohibited by the by these US state laws.

3. Your Choices

You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information, you may not be able to access parts of our Site. In addition, it is possible to change your browser settings to block the automatic collection of certain information.

Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel (such as email or telephone) by following the opt-out link or other unsubscribe instructions provided in any email message received, by contacting us as provided at the end of this Privacy Notice. If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email. 

Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).

Location Information. If you want to limit or prevent our ability to receive location information from you, you can deactivate location services on your browser or device. Please refer to your device manufacturer or operating system instructions for instructions on how to do this on your device.

4. Protecting Personal Data

We may hold your personal data in either electronic or hard copy form. We take reasonable steps to protect your personal data from misuse, interference, and loss, as well as unauthorised access, modification or disclosure and we use several physical, administrative, personnel and technical measures to protect your personal information. We implement a variety of security measures to maintain the safety of your personal data through the use multi-factor authentication, threat monitoring, antivirus, cloud protection, removable device scanning, intrusion prevention, and scanning of the network and files.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Site is or will be secure.

5. Retention of Personal Data

We retain personal data to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.

6. Other Important Information About Personal Data

  1. Collection of Personal Data from Children. We do not knowingly collect information from children under the age of 16. By using the Site, you represent that you are 16 years of age or older or have valid parental and/or guardian consent to do so.
  2. Third-Party Websites. This Privacy Notice does not apply to any third-party services. Please refer to the Privacy Notices or policies for the respective third-party services for information about how they collect, use, and process personal data.
  3. Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Site may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
  4. International Use. We are headquartered and operate in the United States. Therefore, your personal data will be stored and processed in the United States. If you are using the Site from outside the United States, by your use of the Site you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.

7. Modifications and Updates to this Privacy Notice

This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Site. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this Privacy Notice, such as by posting a notice on the Site or sending you an email. Your continued use of the Site following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.

8. Applicability of this Privacy Notice

This Privacy Notice is subject to any agreements, including the Terms and Conditions that govern your use of the Site. This Privacy Notice applies regardless of the means used to access or provide information through the Site.

This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Site. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

9. Additional Information and Assistance

If you have any questions or concerns about this Privacy Notice or how we process personal data, please contact us at:

 CleanSpark

+1 (702) 989 7692

ir@cleanspark.com

For more information about how users with disabilities can access this Privacy Notice in an alternative format, please contact us through the above contact methods.