1. Purpose of this Privacy Notice
The purpose of this privacy notice is to give you information on how XDC Foundation processes your Personal Data through your use of the website at www.xdc.org (hereinafter referred to as the “Website”), including any data you may provide through the Website when you sign up to use any of the services we provide.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are processing Personal Data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements all other notices and is not intended to supersede them.
2. Who are we and how you can contact us
(a) Who we are
XDC Foundation, SIX, 2nd Floor, Cricket Square, P.O. Box 2681, George Town, Grand Cayman, KY1-1111, Cayman Islands, is the controller and is responsible for processing your Personal Data (referred to as “XDC Foundation”, “we”, “us” or “our” in this privacy notice) in the context of this Website.
(b) Our Data Protection Compliance Manager
We have appointed a Data Protection Compliance Manager (DPCM) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPCM using the details set out below or by sending an email to email@example.com.
(c) DPCM Contact Details
You can contact the DPCM by post: XDC Foundation (Data Protection Compliance Manager) SIX, Second Floor, Cricket Square P.O. Box 2681 George Town, Grand Cayman KY1-1111 Cayman Islands
3. The Data We Process About You
(a) Personal Data
Personal Data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer (together “process”) different kinds of Personal Data about you which we have grouped together as follows:
Identity Data includes your legal given and family names.
Contact Data includes physical address, mailing address, email address and telephone numbers.
Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and information regarding the technology on the devices you use to access this Website.
Usage Data includes information about how you use our Website.
Marketing and Communications Data includes your choices and preferences in receiving marketing from us and our third parties, your communication preferences, data in social media profiles and social media username, and all information you provide to us via email or the Website or otherwise.
(b) Aggregated Data
We also collect, use and share Aggregated Data such as statistical or demographic data for certain purposes. Aggregated Data may be derived from your Personal Data but is not considered Personal Data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
4. How We Collect Your Personal Data
(a) Direct interactions
You may give us your Identity and Contact Data as well as Marketing and Communications Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:
create a username or other site-specific credentials;
utilize our services; or
request marketing or other correspondence be sent to you.
(b) Automated technologies or interactions
As you interact with our Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using Cookies (defined below) and other similar technologies.
(c) Third parties
We do not collect data from third parties except in the event we are partnered with another brand or organisation to undertake joint marketing activity. In such case, how your data would be used by each party will be made clear.
5. How We Process and Use Your Personal Data
We will only use your Personal Data when the law allows us to as described below. Most commonly, we will use your Personal Data in the following circumstances:
(a) Purposes for which we process your personal data
We have set out below, in a table format, a description of all the ways we process your Personal Data, and which of the legal bases we rely on to do so. Wherever the legal basis is consent, we will ask you explicitly to consent on our website or otherwise. This request for consent will typically be in the form of a checkbox which you will be asked to check and by which you may indicate your consent.
Purpose or Activity
Lawful bases for processing including basis of legitimate interest
To manage our relationship with you which will include:
(a) Necessary to comply with a request from you (contract performance).
To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
We send you marketing communications from us if you have requested information from us based on your interests.
To deliver relevant website content to you and measure or understand the effectiveness of the communication that we deliver to you.
To use data analytics to improve our Website, products and services, marketing, customer relationships and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
To deliver relevant marketing materials, including news articles, newsletters and event invitations to individuals subscribed to our mailing lists. We use mailing list software in conjunction with our CRM to deliver the communication by email.
To allow you to receive notification and alerts via email and push notification.
User defined at user’s discretion
(b) Your marketing choices
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising. For example, when subscribing for our notices, we offer a variety of information options you can choose from. You can ask us to stop sending you marketing messages at any time by contacting us at any time at firstname.lastname@example.org. Each communication we send will have an unsubscribe option in the footer.
(i) What are cookies?
“Cookies” are pieces of information that are placed on your computer by us or by a third-party service for the purpose of facilitating and enhancing your communication and interaction with that service. There are other technologies with similar purposes, such as clear gifs, web beacons, tags, or pixels, that we also call “cookies” in this policy.
(ii)Which types of cookies do we use?
We use the following types of cookies on the Website:
Strictly necessary Cookies
These cookies are necessary to allow you to browse the Website and use Website functions. Without these cookies the Website would not function properly. These cookies do not collect your Personal Data.
These cookies allow websites to remember your chosen preferences (such as your language settings). They allow us to provide you with improved functions. It is not possible for us to personally identify you using the information collected by these cookies.
These cookies assist us in understanding how visitors interact with the Website by providing information about the visited pages, the time spent on the Website, and error messages in case of technical problems. This helps us to improve the performance of our websites. We use these cookies only if you have consented via the cookie banner.
We use analytical cookies to see, for example, which content on the Website is highly frequented and to analyse if content should be updated or improved. These cookies are also used to provide you with personalized content based on the pages you have shown interest in. We use these cookies only if you have consented via the cookie banner.
(iv) Which specific cookies do we use?
For a current list of the most important cookies we are using, please send a request to email@example.com. Be sure your message includes the site URL you are inquiring about.
(v) How can you control cookies?
6. Disclosures of your Personal Data
(a) Direct interactions
We may have to share your Personal Data with third parties set out below for the purposes set out in the table in paragraph 5 (a) above:
Service providers who provide IT and system administration services; Customer Relationship Management (CRM) platforms; Data collections platforms; and Analytics Providers.
We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
7. International Transfers
Whenever we transfer your Personal Data to a third party, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented. Those safeguards include our observance of the standards established by the European Commission, such as:
We will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Data the same protection it has in Europe (so called Standard Contractual Clauses).
Please contact us at firstname.lastname@example.org if you want further information on or a copy of the specific mechanism used by us when transferring your Personal Data out of the EEA.
8. Third Party Links
This Website may include links to third-party websites, blogs, social media platforms and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.
9. Data Security
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10. Data Retention
How long will we retain your personal data?
We will only retain your Personal Data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal requirements, or until you ask us to delete it. For example:
We will retain your Personal Data concerning your user account for as long as you do not withdraw consent.
We will retain your Personal Data concerning marketing and notices for as long as you do not withdraw consent.
We store cookie data until the respective cookies expire at the end of the cookie’s lifespan.
11. Your Legal Rights
(a) Your Rights
Depending on your circumstances, you may have rights under data protection laws in relation to your Personal Data.
Such rights may include the right to:
Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Please keep us informed if your Personal Data changes during your relationship with us.
Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons concerning which we will notify you, if applicable, at the time of your request.
Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
If you wish to exercise any of the rights set out above, please contact us at email@example.com.
(b) No fee usually required
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
(c) What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
(d)Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
11. Changes to the Privacy Notice and your duty to inform us of changes