Wormhole Foundation (the “Foundation”) with registered office at Silverside Management Ltd, Whitehall House, 2nd Floor, 238 North Church Street, George Town, PO Box 31489, KY1-1206, Cayman Islands, respects the privacy of Personal Data and is committed to protecting Personal Data. This Data Protection and Privacy Policy (this “Policy”) describes the policies and procedures the Foundation has implemented to protect Personal Data Processed by the Foundation in accordance with applicable Data Protection Laws.
The Foundation has voluntarily opted to apply the protections and obligations outlined in this Policy to all Data Subjects. However, such protections and obligations may be beyond the legal requirements of the jurisdiction of certain Data Subjects. Data Protection Laws vary widely across jurisdictions and while the Foundation will strive to meet this Policy for all Data Subjects, the Data Protection Laws for the Data Subject ultimately govern the protections conferred in the specific jurisdiction applicable to that Data Subject, and this Policy does not confer any rights beyond those granted by the relevant Data Protection Laws.
This Policy describes how the Foundation collects and uses Personal Data, the circumstances under which the Foundation may share Personal Data, the applicable rights of Data Subjects, and the Foundation’s technical and physical safeguards to protect the security of Personal Data.
DEFINITIONS
“Controller” means a natural or legal person, public authority, agency, or other body that, independently or jointly with others, determines the purpose and means of Processing Personal Data, as defined in Data Protection Laws. Controller shall refer to the Foundation, and with regard to certain Processes, the Foundation may act as joint Controller with a third-party.
“Data Protection Laws” refer to applicable privacy legislations, regulations, or codes issued by data protection regulators.
“Data Protection Laws” refer to applicable privacy legislations, regulations, or codes issued by data protection regulators.
“Data Subject” means a natural person who can be identified, directly or indirectly, by reference to their Personal Data.
“Personal Data” means any information attributable to an identified or identifiable natural person (a Data Subject), as defined in Data Protection Laws. Personal Data does not include data where the identity has been removed (anonymous data). Personal Data shall encompass Special Category Data. Such information includes, but is not limited to:
“Process” or “Processing” or “Processed” or “Processes” means, as applicable, any operation or set of operations performed upon Personal Data, whether or not by automatic means, such as collecting, recording, using, organizing, structuring, storing, adapting or altering, retrieving, disclosing by transmission, disseminating or otherwise making available, aligning or combining, restricting, erasing, or purging.
“Processor” means a natural or legal person, public authority, agency, or other body that Processes Personal Data on behalf of a Controller, as defined in Data Protection Laws. A Processors’ activities are limited to the more “technical” aspects of a Process and do not include the exercise of professional judgment or significant decision-making in relation to Personal Data. Processors may include third-party service providers, applications, or agencies utilized by the Foundation in the course of business.
“Special Category Data” means Personal Data revealing racial or ethnic origin, criminal history, political opinions, religious or philosophical beliefs, sexual orientation, trade union membership, or health, genetic, or biometric data, or data pertaining to a child or minor.
A. GENERAL DATA PROTECTION INFORMATION
DATA PROTECTION PRINCIPLES
The Foundation is committed to processing data in accordance with its responsibilities under the Data Protection Laws, and in particular with the following principles:
LEGAL BASIS FOR PROCESSING PERSONAL DATA
The Foundation will only use Personal Data when Data Protection Laws allow the Foundation to do so. Personal Data shall be Processed in a manner that is adequate, relevant, and not excessive in relation to the intended business purpose(s) of such Processing. A legal basis is required to process Personal Data. Personal Data may be processed only if at least one of the following legal bases applies:
a) Consent: Data Subject giving consent to the Processing of his or her Personal Data for a specific purpose(s);
b) Contractual necessity: Processing is necessary for the performance of a contract to which the Data Subject is party or entering into a contract, such as due diligence (anti-money laundering and counter-terrorist financing checks); complying with applicable sanctions and embargo legislation; regulatory, governmental, tax and law enforcement authority requests; surveillance and investigation activities; carrying out audit checks, and instructing our auditors; maintaining statutory registers; and preventing and detecting fraud;
c) Compliance with legal obligations: Processing is necessary for compliance with a legal obligation to which the Foundation is subject;
d) Vital interests: Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person;
e) Public interests: Processing is permitted if it is necessary for the performance of a task carried out in the public interest. Examples include taxation, crime reporting, public health and quality and safety of products; or
f) Legitimate interests: Processing is necessary for the purposes of the legitimate interests pursued by the Foundation or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject which require protection of Personal Data, in particular where the Data Subject is a child.
RIGHTS OF DATA SUBJECTS
When applicable, the Foundation shall honor Data Subject rights, as described herein. In accordance with Data Protection Laws and in certain circumstances, a Data Subject may possess the right to:
a) Request access to his or her Personal Data that the Foundation holds to check that it is accurately and lawfully being Processed.
b) Request correction of his or her Personal Data that the Foundation holds. This enables Personnel to have any incomplete or inaccurate Personal Data be corrected, though the Foundation may need to verify the accuracy of any new Personal Data provided.
c) Request erasure of his or her Personal Data. This enables Personnel to ask the Foundation to delete or remove Personal Data where there is no legitimate purpose for the Processing of such Personal Data by the Foundation. The Foundation may not always be able to comply with the request of erasure for specific legal reasons or other legitimate grounds, which will be notified to Personnel, if applicable, at the time of the request.
d) Object to Processing of his or her Personal Data where the Foundation is relying on a legitimate interest (or those of a third party) and he or she would like to object to the Processing because it impacts his or her fundamental rights and freedoms.
e) Request restriction of Processing of his or her Personal Data. This enables Data Subjects to ask the Foundation to suspend Processing Personal Data in the following scenarios: (i) establishing the accuracy of Personal Data; (ii) where the Foundation’s use of Personal Data is unlawful, but there is no request of erasure; (iii) where a Data Subject needs the Foundation to hold Personal Data even if retention is no longer required and it is needed to establish, exercise, or defend a legal claim; or (iv) a Data Subject objects to the Foundation’s use of Personal Data, but the Foundation needs to verify whether there are overriding legitimate grounds to use it.
f) Request the transfer of his or her Personal Data. The Foundation will provide to Personnel, or a third party, his or her Personal Data in a structured, commonly used, machine-readable format. This right only applies to automated information.
g) Withdraw consent at any time where the Foundation is relying on consent to Process Personal Data. This will not affect the lawfulness of any Processing carried out before consent is withdrawn.
h) Be notified of a data breach involving a Data Subject's Personal Data.
The Foundation shall accept, when applicable, any written requests through the appropriate channels from a Data Subject to exercise his or her rights and freedoms pursuant to Data Protection Laws. The Foundation shall use reasonable means to verify the identity of the requester.
DATA PROTECTION OBLIGATIONS
The Foundation and its Personnel have implemented appropriate technical and organizational measures to provide adequate protection regarding Data Subjects’ rights and the lawful, fair, and transparent Processing of Personal Data, as described herein. The Foundation data protection obligations include the following:
a) Consent: When consent is the lawful basis for Processing, the Foundation shall obtain the affirmative consent of a Data Subject prior to such Processing. Consent shall be written in clear and plain language by the Foundation and the Data Subject must give consent freely. Prior to providing consent, a Data Subject shall be notified by the Foundation that consent may be withdrawn at any time. Consent may not be permanently binding on Data Subjects, as such Data Subjects may withdraw consent at any time.
b) Purpose Limitation: The Foundation shall restrict the Processing of Personal Data to the intended business purpose(s).
c) Notification: The Foundation shall provide notification in clear language to a Data Subject at the outset of Processing, which may include: name of Controller and contact information; purpose of Processing; type(s) of Personal Data Processed; whom has access to Personal Data; Processing location(s); retention period; Data Subject’s rights and instructions for exercising such rights; and protections against data breaches.
d) Access: Upon request by a Data Subject, the Foundation shall provide such Data Subject with access to his or her Personal Data in the possession or under the control of the Foundation and information about the ways in which Personal Data may have been previously Processed.
e) Correction: Upon request by a Data Subject, the Foundation shall correct any error or omission in a Data Subject’s Personal Data in the possession or under the control of the Foundation. If Personal Data is corrected, the Foundation must inform (i) third-parties to whom data has been disclosed of correction and (ii) Data Subjects that his or her Personal Data has been disclosed to third-parties.
f) Erasure: Upon request by a Data Subject, the Foundation shall erase such Data Subject’s Personal Data in the possession or under the control of the Foundation, if: (i) Personal Data is no longer necessary for the intended business purpose for which it was Processed; (ii) the Data Subject withdraws consent and there is no other legitimate basis for the Processing; (iii) the Data Subject objects to Processing based solely on the Foundation’s legitimate interest; (iv) the Processing of Personal Data is unlawful; or (v) Personal Data is related to the offer of information society services to a child. This is not an absolute right, as Personal Data may be retained to the extent required or permitted under applicable law. If the Foundation discloses Personal Data to a third-party, the Foundation shall notify such third-parties of any fulfilled request to erase, unless unreasonable or would result in a disproportionate effort.
g) Accuracy: The Foundation shall make a reasonable effort to verify that Personal Data Processed by or on behalf of the Foundation is accurate and complete. Generally, Personal Data is obtained directly from the Data Subject.
h) Protection: The Foundation shall protect Personal Data in its possession or under its control by securing against unauthorized Processing, as further described in the “Security Measures Taken to Protect Personal Data” Section.
i) Retention: Personal Data will be retained for as long as is necessary for the intended purpose. The Foundation shall cease to retain documentation containing Personal Data or remove the means by which Personal Data can be associated with a particular Data Subject when (i) the intended purpose for which Personal Data was Processed is no longer applicable and (ii) the retention is no longer necessary for legal or business purposes.
j) Breach Notification: In the case of a data breach involving any loss, misuse, or alteration of Personal Data that is likely to result in (i) a risk to Data Subjects’ rights and freedoms, the Foundation shall notify the supervisory or data protection authorities within seventy-two (72) hours; or (ii) a high risk to Data Subjects’ rights and freedoms, the Foundation shall notify Data Subjects without undue delay.
SHARING OF PERSONAL DATA
The Foundation has executed appropriate documentation to protect the privacy and fundamental rights and freedoms of Data Subjects and has taken appropriate measures to ensure data protection during the sharing of Personal Data.
The Foundation may share Personal Data with third-parties to Process (maintain, store, use) on the Foundation’s behalf. The Foundation requires all such Processors to take appropriate security measures to protect Personal Data in accordance with the Foundation’s policies. The Foundation does not allow Processors to Process Personal Data for their own purposes and only permits them to Process Personal Data for specified purposes and in accordance with the Foundation’s instructions.
The Foundation may share Personal Data with third parties to Process on their own behalf. Such third parties will be considered joint-Controllers of such Personal Data. While joint-Controllers have shared discretion over the purposes of Processing, all such Controllers agree to Process such shared Personal Data in accordance with Data Protection Laws.
a) Third-Parties: The Foundation may, from time to time, engage with Processors or joint Controllers, such as third-party service providers, applications, or agencies, to Process Personal Data. Prior to the Processing of the Foundation-controlled Personal Data by a Processor or joint Controller, the Foundation will work with such third-parties to verify that adequate documentation and security safeguards are in place to Process Personal Data in accordance with Data Protection Laws. The Processor or joint Controller shall restrict Processing to the intended business purpose.
b) The Foundation Entities: The Foundation shall not transfer Personal Data to a country or territory outside the jurisdiction in which it was Processed, except in accordance with the requirements prescribed under Data Protection Laws. The Foundation may transfer or provide access to Personal Data across jurisdictions and entities in accordance with its Data Protection Agreements and Intercompany Agreements, which are aligned with Data Protection Laws.
Various third-parties are explicitly mentioned in this Policy (e.g., in section “Tracking Tools”). The Personal Data is passed on or accessed for the purpose of providing and maintaining the functionalities of the website.
TRANSFER OF PERSONAL DATA ABROAD
The Foundation may transfer your Personal Data to third-parties based abroad for the purposes of the data processing described in this Policy. Such third-parties are obliged to protect the privacy of individuals to the same extent as the Foundation does.
Certain third-parties mentioned in this Policy are based in the USA (see section “Links to Our Social Media Presences” or section “Tracking Tools”). Further explanations regarding data transfers to the USA can be found below under section “Note on Data Transfers to the USA”.
NOTE ON DATA TRANSFERS TO THE USA
Some of the third-parties mentioned in this Policy are based in the USA. For the sake of completeness, the Foundation would like to point out for Data Subjects who are resident or domiciled in the EU that there are surveillance measures in place in the USA by US authorities, which generally allow the storage of all Personal Data of all persons whose data has been transferred from the EU to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the US authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated with both the access to and the use of this data. Furthermore, the Foundation would like to point out that in the USA, Data Subjects from the EU do not have any legal remedies that allow them to obtain access to the data concerning them and to obtain their correction or deletion, or that there is no effective judicial legal protection against general access rights of US authorities.
The Foundation would like to point out to Data Subjects who are resident in a member state of the EU that the USA does not have a sufficient level of data protection from the point of view of the European Union - among other things due to the issues mentioned in this section. Insofar as the Foundation has explained in this Policy that recipients of data (such as Google) are based in the USA, the Foundation will ensure through contractual arrangements with these companies, as well as any additional appropriate guarantees required, that your Personal Data is protected with our partners with an appropriate level.
SECURITY MEASURES TAKEN TO PROTECT PERSONAL DATA
The Foundation has implemented appropriate elements of privacy by design in conjunction with technical and physical safeguards to protect the security of Personal Data from unauthorized or unlawful Processing. the Foundation uses a number of systems and applications to protect Personal Data at all times, which also allow for the following capabilities: (i) the anonymization and encryption of Personal Data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of Processing Personal Data; (iii) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing, and evaluating, at least annually, the effectiveness of such security measures.
In assessing the appropriate level of security as well as the risks of varying likelihood and severity for the rights and freedoms of Data Subjects, the Foundation assesses the risks presented by the Processing of Personal Data. Such risks may include, but are not limited to, any accidental, unlawful, or unauthorized destruction, loss, disclosure, alteration, or access to Personal Data Processed by or on behalf of the Foundation, or other factors that may impact Data Subject rights and freedoms. The Foundation shall make reasonable attempts to ensure that any risks presented by the Processing of Personal Data are sufficiently mitigated by technological and/or organizational controls, including limited access of Personal Data utilizing access controls and password protections.
THIRD PARTY WEBSITES AND SOCIAL MEDIA
This website may contain content and links to third-party websites that are not owned, operated, or controlled by the Foundation. The Foundation is not responsible for the privacy practices of or the content displayed on such third-party websites.
When engaging with the Foundation’s content on or through a third-party social networking website, plug-in, or application, the Foundation may Process Personal Data associated with your social media account.
B. SCOPE AND PURPOSE OF THE COLLECTION, PROCESSING, AND USE OF PERSONAL DATA
WHEN VISITNG OUR WEBSITES
When you visit our websites, our servers temporarily save each access in a log file. The following data may be collected without your intervention and stored by the Foundation until deletion, as is necessary in compliance with applicable laws:
The collection and processing of this data is carried out for the purpose of enabling the use of the website (connection establishment), to permanently guarantee system security and stability and to enable the optimization of our internet offer as well as for internal statistical purposes. Our legitimate interest in data processing lies in the purposes described above.
Only in the event of an attack on the network infrastructure or a suspicion of other unauthorized or abusive website use will the IP address be evaluated for the purpose of clarification and defense and, if necessary, used in the context of criminal proceedings to identify and take civil or criminal action against the users concerned. Our legitimate interest in data processing lies in the purposes described above.
Finally, the Foundation uses cookies and other applications based on cookies when you visit the website. For further information, please refer to sections “Cookies” and “Tracking Tools”.
IF YOU CONTACT US BY E-MAIL
On the website you have the possibility to contact the Foundation or one of its experts by e-mail. You can also contact the Foundation for support questions by e-mail.
You are responsible for the message and/or transmitted content that you send to the Foundation. The Foundation recommends that you do not send any confidential data. Personal Data is only collected if you provide it to the Foundation voluntarily. Therefore, you yourself are responsible for what data you transmit to the Foundation. In order to be able to answer your questions, the Foundation may ask you to provide additional information. The Foundation only collects Personal Data from you if this is necessary to answer your questions or to provide the services you have requested.
When processing your enquiry by e-mail, the Foundation has a legitimate interest in data processing. You can object to this data processing at any time (see section “Contact”).
WHEN YOU APPLY FOR A JOB
If you submit a letter of application by e-mail, the Foundation processes the Personal Data you provide in order to check your application and, if necessary, to contact you in this context. The legal basis for the processing of your Personal Data lies in pre-contractual measures and the performance of a contract as well as in our legitimate interest. Insofar as the Foundation bases data processing on the legitimate interest, you can object to this data processing at any time (see section “Contact”).
The website includes a job section with current job offers. When using this application mechanism, you will be redirected to the website operated by Greenhouse Software Inc. where you have to enter specific Personal Data, such as your first name, family name, e-mail, phone, location and information about your education. You are able to upload other application documents, such as your resume, on the website. We will process your Personal Data for the administration and processing of your application, i.e. as pre-contractual measure and in our legitimate interest. Please find more information about the data processing by Greenhouse Software Inc. under https://www.greenhouse.io/uk/privacy-policy.
WHEN YOU APPLY AS DATA PROVIDER
When you apply as the Foundation Data Provider, you may have to enter the following information into the online application form:
The legal basis for the processing of your Personal Data lies in the processing for pre-contractual purposes or for the performance of a contract as well as our legitimate interest. If the Foundation invokes our legitimate interest for data processing, you can object to this data processing at any time (see section “Contact”).
COOKIES, SCRIPTS, AND RELATED TECHNOLOGIES
When you visit this website, the Foundation and its third-party service providers receive and record Personal Data that you may have provided and your digital signature, such as your IP address. The technologies we use to track your movements around our website include cookies, tracking scripts and pixels, and tagging technologies, which we may employ to understand your preferences, improve your experience on our website, etc.
Most internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your end device, or a message always appears when you receive a new cookie.
On the following pages you will find explanations on how to configure the processing of cookies in the most common browsers.
Further information can be found on http://www.aboutcookies.org.
Please note that disabling cookies may prevent you from using all the features of the Websites
TRACKING TOOLS
We use Google Analytics, a web analytics service provided by Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland or Google Inc, 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA. Google Analytics uses methods that enable an analysis of the use of the website, such as cookies. These generate information about your use of the website, such as:
This information is transmitted to Google servers in the USA and stored there. In doing so, the IP address is shortened by activating IP anonymization on the website before transmission within the Member States of the European Union or in other Contracting States of the Agreement on the European Economic Area. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In these cases, we ensure that Google complies with a sufficient level of data protection by means of contractual guarantees, in particular by agreeing to the EU standard contractual clauses and additional measures.
The information is used to evaluate the use of the website, to compile reports on website activities and to provide other services associated with website and internet use for the purposes of market research and demand-oriented design of the website. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. According to Google, under no circumstances will the IP address be associated with other data relating to the user.
The legal basis for processing the data for the above purposes is your consent, which you give us by using the cookie banner. You can revoke your consent at any time (section “Contact”).
You can prevent the collection of the data generated by the cookies (including the IP address), which relate to the use of the website, by Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link:
http://tools.google.com/dlpage/gaoptout?hl=de
An opt-out cookie will be stored on your device. If you delete all cookies, the link must be clicked again.
Google Tag Manager
We use Google Tag Manager, a service of Google Ireland Limited, Google Building, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland or Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA, to manage cookies and pixels for tracking tools and other tools. The Tag Manager tool itself is a cookie-less domain and does not collect any Personal Data. Instead, the tool triggers other tags that may in turn collect data. If you opt for a deactivation at the main or cookie level, this remains in place for all tracking tags implemented with Google Tag Manager.
This processing is based on our legitimate interest. You can object to this data processing at any time (see section “Contact”).
Cloudflare Insights
We use on the website functions from Cloudflare. The provider is Cloudflare, Inc, 101 Townsend St, San Francisco, CA 94107, USA. Cloudflare offers a globally distributed content delivery network with DNS. We have concluded a corresponding data processing agreement and EU standard contractual clauses with Cloudflare.
Cloudflare creates copies of our website and places them on their own servers. When you visit our website, you are automatically connected to Cloudflare's nearby servers, which deliver the data. This significantly reduces the loading time.
The information processed may include, but is not limited to, IP addresses, system configuration information and other information about traffic to and from our websites, devices, applications and/or networks (collectively, “Log Data”). In addition, Cloudflare stores server and network activity data, as well as observations and analytics collected by Cloudflare in the course of providing the services (collectively, “Operational Metrics”). Examples of Operational Metrics include service availability and service uptime metrics, request volumes, error rates, cache rates and IP threat scores. Cloudflare uses and processes End User Log Data to fulfil its obligations under our agreement.
We use Cloudflare to increase the speed of our website and at the same time reduce latency and in this way improve/optimize the user experience. The data processing takes place on the basis of our legitimate interest. You can object to this data processing at any time (see section “Contact”). You can also deactivate or block the cookies set by this service as indicated in the section “Cookies”.
Please find more information about the data processing by Cloudflare under https://www.cloudflare.com/privacypolicy/.
ADOBE TYPEKIT
This website uses so-called web fonts provided by Adobe Typekit for the uniform display of fonts. When you call up a page, your browser loads the required web fonts into its browser cache in order to display texts and fonts correctly.
For this purpose, the browser you are using must connect to Adobe Typekit’s servers. This enables Adobe Typekit to know that our website has been accessed via your IP address. Adobe Typekit Web Fonts are used in the interest of a uniform and appealing presentation of our online offers. This represents a legitimate interest.
If your browser does not support web fonts, a standard font from your computer will be used.
Further information on Adobe Typekit Web Fonts can be found at https://fonts.adobe.com/ and in the Adobe Typekit privacy policy: https://www.adobe.com/uk/privacy/policies/adobe-fonts.html.
LINKS TO OUR SOCIAL MEDIA PRESENCES
On the website, we have set up links to our social media presences on the following social networks:
Twitter Inc, 1355 Market Street Suite 900 San Francisco, CA 94103, USA, data privacy notice Discord Inc., 444 De Haro Street #200 San Francisco, CA 94107, USA, data privacy notice Youtube LLC, 1600 Amphitheatre Pkwy Mountain View, CA 94043, USA, data privacy notice Telegram, data privacy notice If you click on the corresponding icons of the social networks, you will automatically be redirected to our profile / channel on the respective social network. To be able to use the functions of the respective network, you must partially log into your user account for the respective network.
When you open a link to one of our social media presences, a direct connection is established between your browser and the server of the social network in question. This provides the network with the information that you have visited our website with your IP address and accessed the link. If you access a link to a network while logged into your account on the network concerned, the content of our website may be linked to your profile on the network, i.e., the network may link your visit to our website directly to your user account. If you want to prevent this, you should log out before clicking on the relevant links. In any case, an association takes place when you log in to the relevant network after clicking on the link. If you click on one of these links, you thereby give your consent to the subsequent data processing.
REVIEW AND UPDATES TO POLICY
The Foundation will review and may update this Policy to reflect changes to the Foundation’s privacy practices or security measures as needed. If a review is not satisfactory, the Foundation will take immediate steps to remedy any noted deficiencies. Please periodically review this Policy for the latest on the Foundation’s privacy practices. The use of the Foundation’s website after any updates constitutes an acknowledgement of having read and understood the Policy.
CONTACT
Please contact the Foundation by email at [email protected] should you have any questions or comments about this Policy or your Personal Data.