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2022 Ⓒ Wormhole. All Rights Reserved.

Data Protection and Privacy Policy

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 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:

  • Names
  • Addresses;
  • Telephone numbers;
  • Email addresses;
  • Government-issued identification numbers;
  • User passwords or PINs;
  • User identification and account access credentials, passwords, PINs and security question answers;
  • Financial account numbers and
  • Geolocation data.

“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.

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:

  • Fair, lawful and transparent processing;
  • Collection for a specified, explicit and legitimate purposes and no further processing in a manner that is incompatible with the specified purposes;
  • Limitation to what is adequate, relevant and necessary in relation to the purposes for which the Personal Data are processed;
  • Keep Personal Data accurate and up to date;
  • Keep Personal Data only for as long as is necessary or legally required;
  • Process Personal Data in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures;
  • Process Personal Data in accordance with the rights of the Data Subject; and
  • Ensure an adequate level of data protection when transferring Personal Data to a country outside of the European Economic Area.

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.

THE FOUNDATION 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.

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. As more fully described in the Network Protection and Monitoring Policy, 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.

COOKIES, SCRIPTS, AND RELATED TECHNOLOGIES

When you visit our website, we and our third-party service providers receive and record Personal Information 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. You can control the use of cookies at the individual browser level. If you want to learn more about cookies, or how to control, disable, or delete them, please visit http://www.aboutcookies.org for detailed guidance.

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.

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