Privacy Policy for LKS Brothers LLC

Last Updated: August 04, 2025

LKS Brothers LLC (“we,” “us,” “our,” or “Company”) is committed to protecting the privacy and security of your personal information. As a Nevada-based LLC specializing in infrastructure for the decentralized future, we provide compliant, future-ready blockchain, Web3, AI agent, and gaming solutions. Our core businesses—Software Factory, Green Gen, Web3 IP Patent (IP Keeper), VARA Digital Cybersecurity, Web3 Games, LKS Summit, and LKS Capital—operate within a transformed digital ecosystem that emphasizes adaptation, emergence, and preparation for global transformation beyond blockchain and Web3.

This Privacy Policy (“Policy”) explains how we collect, use, disclose, and safeguard your information when you interact with our websites, mobile applications, decentralized platforms, AI agents (such as Lumina built on the Eliza OS framework), Web3 games (including Tissue Picker, PonZieHero, TODL, and Stadium Tackle), summits, capital services, or any other services (collectively, “Services”). We adhere to Web3 blockchain principles, including decentralization, immutability, and pseudonymity, while ensuring full compliance with key regulations such as the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR), and relevant blockchain mainnet rules (e.g., those governing live networks where real-value transactions occur, subject to U.S. SEC, EU MiCA, FATF AML standards, and other jurisdictional requirements).

By using our Services, you consent to the practices described in this Policy. If you do not agree, please do not use our Services. This Policy is subject to change; we will notify you of material updates via email or prominent notice on our platforms.

1. Introduction and Scope

1.1 Purpose of This Policy

This Policy outlines our data handling practices in alignment with our vision of leading blockchain and Web3 innovation under U.S. compliance. We recognize the unique challenges of blockchain mainnets—fully operational networks for real-value transactions—and integrate legal protocols to mitigate risks like financial crime, consumer harm, and market instability. Our approach draws from global regulatory frameworks, including the EU’s Markets in Crypto-Assets (MiCA) regulation (effective 2024, with 2025 updates), U.S. SEC enforcement (e.g., Howey Test for securities classification), and FATF guidelines for anti-money laundering (AML).

1.2 Applicability

This Policy applies to all users worldwide, including residents of California (under CCPA) and the European Economic Area (EEA) (under GDPR). It covers data processed on our centralized servers, decentralized blockchains, and third-party integrations. For blockchain-specific activities (e.g., token generation via our Compliant Token Generation services or IP protection on IP Keeper), we emphasize pseudonymized data to respect immutability while allowing user rights like erasure where feasible.

1.3 Key Principles

Transparency: We clearly disclose data practices.
Minimization: Collect only necessary data.
Security: Employ robust measures, including on-chain compliance for smart contracts.
Accountability: We maintain records of processing activities as required by GDPR Article 30.
User-Centric: Prioritize rights under CCPA (e.g., opt-out of sales) and GDPR (e.g., data portability).

2. Information We Collect

We collect various types of information to provide and improve our Services, tailored to Web3's decentralized nature.

2.1 Personal Information

Personal information (as defined under CCPA and GDPR) includes data that identifies or relates to you. We collect:

Contact Details: Name, email address, phone number, and mailing address (e.g., when registering for LKS Summit or subscribing to newsletters).
Account Information: Username, password hashes, wallet addresses (pseudonymized where possible), and authentication data for Web3 logins.
Financial Data: Payment details for services like booth bookings at LKS Summit or token purchases in Web3 Games, processed via compliant no-interest transaction frameworks.
Blockchain-Related Data: Wallet IDs, transaction hashes, and smart contract interactions on mainnets (e.g., Ethereum or custom chains), which may include metadata like IP addresses for AML compliance.

2.2 Non-Personal Information

Usage Data: Device type, browser version, IP address, geolocation (approximate), session duration, and interaction logs (e.g., gameplay in Stadium Tackle).
On-Chain Data: Publicly visible transaction records on blockchain mainnets, which are immutable and pseudonymized but may link to personal data if not anonymized.
AI-Generated Data: Insights from Lumina AI agent, such as crowd-sourced moral guidance based on anonymized user inputs.

2.3 Sensitive Information

Under GDPR (Article 9) and CCPA, we may collect sensitive data with explicit consent, such as:

Biometric data for AI agent customization.
Health-related data in biotech integrations (e.g., via LKS Capital investments).
We do not collect racial, ethnic, or political data unless required for KYC/AML in token operations.

2.4 Sources of Collection

Directly from you (e.g., forms, game interactions).
Automatically via cookies, web beacons, and blockchain nodes.
From third parties (e.g., partners in Green Gen for energy data or VARA Cybersecurity for threat intelligence).
Public blockchains, where data is inherently shared.

2.5 Children’s Privacy

We do not knowingly collect data from children under 13 (COPPA) or 16 (GDPR). If discovered, we delete it immediately.

3. How We Use Your Information

We use data lawfully, with bases including consent, contract performance, legitimate interests, and legal obligations.

3.1 Service Provision

Deliver Web3 platforms, AI agents, and games (e.g., using wallet data for seamless transactions in PonZieHero).
Facilitate no-interest transactions and cost reductions via automation.

3.2 Compliance and Security

Embed on-chain compliance in smart contracts (e.g., investor accreditation under SEC Reg D, S, A+).
Monitor for AML/KYC via FATF standards, reporting suspicious activities.
Protect IP via IP Keeper, migrating patents to blockchain with automated agreements.

3.3 Improvement and Analytics

Analyze usage to enhance Services (e.g., crowd-sourced data for Lumina’s “good and evil” determinations).
Conduct A/B testing on decentralized platforms.

3.4 Marketing and Communications

Send updates on LKS Summit events (e.g., in Las Vegas, Dallas, New York) with opt-out options.
Personalize experiences in Web3 Games based on preferences.

3.5 Legal Bases Under GDPR

Consent (Art. 6(1)(a)): For marketing or sensitive data.
Contract (Art. 6(1)(b)): For service delivery.
Legitimate Interests (Art. 6(1)(f)): For fraud prevention, balanced against your rights.
Legal Obligation (Art. 6(1)(c)): For tax reporting or SEC filings.

3.6 CCPA Categories of Use

We use personal information for business purposes like auditing, debugging, and short-term transient use.

4. Sharing and Disclosure of Information

We share data minimally, with safeguards like data processing agreements (DPAs) under GDPR.

4.1 With Service Providers

Third-party vendors for hosting, analytics (e.g., Google Analytics, compliant with Privacy Shield successors), and payment processing.
Blockchain node operators for mainnet transactions.

4.2 With Partners and Affiliates

Collaborators in LKS Capital for investment opportunities.
Regulatory advisors for compliance (e.g., SEC filings).

4.3 In Blockchain Contexts

On public mainnets, data is inherently shared and immutable (e.g., transaction details visible to all nodes).
We pseudonymize where possible but cannot delete on-chain data due to immutability; instead, we delink personal identifiers.

4.4 For Legal Reasons

To comply with laws, subpoenas, or audits (e.g., IRS reporting under U.S. tax rules for crypto gains).
In mergers, acquisitions, or asset sales, with notice to you.

4.5 CCPA “Sales” and Opt-Out

Under CCPA, we do not “sell” personal information (as defined). If future practices change, California residents can opt-out via privacy@lkbrothers.com.

4.6 International Transfers

For EEA users, we use Standard Contractual Clauses (SCCs) for transfers outside the EEA, ensuring adequacy decisions (e.g., post-Schrems II).

5. Blockchain and Web3 Specific Practices

5.1 Mainnet Regulations Integration

Our Services operate on mainnets subject to technical protocols (e.g., consensus rules) and legal regulations. We follow:

Government Definitions: Classify tokens as utility (not securities) per Howey Test.
Virtual Currency Rules: Register as VASPs where required; comply with MiCA for EU users.
Sales Oversight: Avoid unregistered ICOs; use private exemptions.
Taxation: Report staking/mining as income; advise users on capital gains.
AML/KYC: Implement monitoring for DeFi interactions.
Mining (if applicable): Promote green practices via Green Gen.
Border Controls: Block sanctioned entities.
Reporting: Adhere to OECD CARF for automatic exchanges.