Privacy Notice

Last updated: February 24, 2021.

GENERAL INFORMATION

The information in this section is relevant to all categories of data subject.

This includes:

Who controls your personal data?

The API3 Foundation Company Limited, a Cayman Islands foundation company (including our subsidiaries, affiliates, and as governed by the API3 Decentralized Autonomous Organization token holders, “API3”, “we”, “us” or “our”) is responsible for your personal data.

You can contact a representative by sending an email to the following address: [email protected]

Your rights

You have the following rights:

  1. The right to be informed

    You have the right to be informed about how API3 processes your personal data. Typically, API3 communicates this information through privacy notices such as this one.

  2. The right of data access

    You have a right to obtain a copy of the personal data we hold about you, subject to certain exceptions.

  3. The right of data rectification

    You always have a right to ask for immediate correction of inaccurate or incomplete personal data which we hold about you.

  4. The right of data erasure

    You have the right to request that personal data be erased when it is no longer needed, where applicable law obliges us to delete the data or the processing of it is unlawful. You may also ask us to erase personal data where you have withdrawn your consent or objected to the data processing. However, this is not a general right to data erasure – there are exceptions.

  5. The right to restrict data processing

    You have the right to restrict the processing of your personal data in specific circumstances. Where that is the case, we may still store your information, but not use it further.

  6. The right to data portability

    You have the right to receive your personal data in a structured, machine-readable format for your own purposes, or to request us to share it with a third party.

  7. The right to object to data processing

    You have the right to object to our processing of your personal data based on the legitimate interests, where your data privacy rights outweigh our reasoning for legitimate interests.

  8. Rights in relation to automated decision making and profiling

    You have the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects. Currently, API3 does not perform any automated decision making or profiling.

You may request to enforce your data privacy rights by emailing [email protected]

In certain circumstances, we may need to restrict the above rights to safeguard the public interest (e.g., the prevention or detection of crime) or our business interests (e.g., the maintenance of legal privilege).

Consent as a legal basis for processing

For some data processing, API3 uses consent as a legal basis. If you have consented to processing by API3, please be aware that you have the right to withdraw this consent at any point. If you would like to withdraw consent for a particular type of data processing that API3 performs, please email the following address: [email protected]

Complaints to a Supervisory Authority

You have the right to lodge a complaint with a supervisory authority with regards to the way that API3 processes your personal data. API3 recommends lodging a complaint with the data protection authority officer/regulatory authority in the country in which you are a permanent resident.

How we share your data

We will not share your information with any third parties for the purposes of direct marketing.

In some circumstances we are legally obliged to share information. For example, under a court order. In any scenario, we will satisfy ourselves that we have a lawful basis on which to share the information and document our decision making and satisfy ourselves we have a legal basis on which to share the information.

How we protect your information

We implement appropriate technical and organisational measures to protect personal data that we hold from unauthorised disclosure, use, alteration, or destruction. Where appropriate, we use encryption and other technologies that assist in securing the data you provide. We also require our service providers to comply with strict data privacy requirements where they process your personal data.

How long we keep your personal data

We only keep your personal data for as long as necessary for the purposes described in this privacy notice, or until you notify us that you no longer wish us to process your data. After this time, we will securely delete your personal data, unless we are required to keep it to meet legal or regulatory obligations, or to resolve potential legal disputes.

Contact and further information

If you have any questions about how we use your personal data or wish to make a complaint about how we handle it, you may contact API3 at: [email protected]

MEMBERS OF STAFF AND CONTRACTORS WITH API3

Why we use your personal data?

We may use your personal data as listed above for the following purposes, to the extent applicable:

  • human resources management including organization and personal administration, working hours management, improving and maintaining effective staff administration, internal workforce analysis, reporting and planning;
  • staff succession planning;
  • compensation and benefits management and performance reviews;
  • talent management and acquisition including recruitment, assessing suitability and working capacity, background checks and verification of qualifications, obtaining and providing references;
  • learning and development management including certifications, training staff and performing assessments and employee satisfaction surveys;
  • processes related to joining and leaving including internal moves and terminations;
  • sickness and other leave and vacations management;
  • reporting and managing process quality;
  • travel and expenses management and organization of business trips;
  • carrying out the obligations and exercising specific rights in the field of employment or a collective agreement;
  • internal and external communication of API3’s organization and representation of API3 including commercial register and assigning powers of attorney;
  • organizing API3 events and documentation of such events including managing and organizing internal non-marketing related campaigns, events and meetings;
  • managing API3 assets including pictures and videos depicting employees or other individuals available for download on the API3 website, etc.;
  • finance and shared accounting services providing record to report, order to cash and purchase to pay services;
  • business reporting, statistics and analytics;
  • monitoring and auditing compliance of contractors’ and employees’ activities in the workplace with API3’s policies, contractual obligations and legal requirements including disciplinary actions;
  • carrying out audits, reviews and regulatory checks to meet obligations to regulators;
  • governance, risk and compliance, including compliance with laws, law enforcement, court and regulatory bodies’ requirements (such as for the process of verifying the identity of customers, called as Know Your Customer / Anti Money Laundering monitoring purposes), customs and global trade compliance, conflict of interest and security obligations) and prevention, detection, investigation and remediation of crime and fraud or prohibited activities or to otherwise protect legal rights and to establish, exercise or defend legal claims;
  • managing the customer relationship, processing customer orders and providing customer support, processing, evaluating and responding to requests and inquiries;
  • managing the suppliers, contractors, advisers and other professional experts including contact interaction, processing and fulfilling purchases and invoices, and contract lifecycle management;
  • making use of work performance and products and for references on documents, such as drawings, purchase orders, sales orders, invoices, reports;
  • maintaining and protecting the security of products, facilities, services, systems, networks, computers, and information, preventing, and detecting security threats, fraud or other criminal or malicious activities, and ensuring business continuity; and
  • managing IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), master data and workplace including user accounts management, software licenses assignment, security and performance testing and business continuity.

We collect only the personal data from you that we need for the purposes described above. Certain personal data collected from you relates to your next of kin and emergency contacts. In these cases, you are requested to inform such persons about this Notice.

What happens if you do not provide us with the information we have requested?

Where it concerns processing operations related to your relationship with API3 as a member, contractor or employee (as described above), API3 will not be able to adequately contract with or employ you without certain personal data and you may not be able to exercise your contractor or employee rights if you do not provide the personal data requested. Although we cannot mandate you to share your personal data with us, please note that this then may have consequences which could affect your contractual relationship or employment in a negative manner, such as not being able to exercise your statutory rights or even to continue your contract or employment. Whenever you are asked to provide us with any personal data related to you, we will indicate which personal data is required, and which personal data may be provided voluntarily.

The legal basis we rely on

For the use of your personal data for the purposes described above (in section 4), we rely on the following legal basis, as applicable:

  • We process your personal data for the fulfilment of obligations in your contractor or employment contract with us and similar collective contractor or employment agreements, or as part of pre-contractual measures to establish contractor-related or employment and related contracts
  • In some cases, we rely on our legitimate interests to process your personal data insofar as this is not overridden by your own privacy interests. Such interests may include:
    • monitoring (for example through IT systems), investigating and ensuring compliance with legal, regulatory, standard and API3 internal requirements and policies;
    • prevention of fraud and criminal activity including investigations of such activity, misuse of API3 assets, products, and services, and as strictly necessary and proportionate for ensuring network and information security; and
    • transmitting personal data within the API3 group for internal administrative purposes as necessary, for example to provide centralised services.
  • You may obtain a copy of our assessment regarding our legitimate interest to process your personal data by submitting a request to [email protected]
  • In some cases, we process your personal data on the basis of statutory requirements, for example, on the basis of labour law, allowances, tax or reporting obligations, cooperation obligations with authorities or statutory retention periods in order to carry out our contractual responsibilities as a contracting entity or employer, as applicable;
  • In exceptional circumstances we may ask your consent at the time of collecting the personal data, for example photos, communications materials, and events. If we ask you for consent in order to use your personal data for a particular purpose, we will remind you that you are free to withdraw your consent at any time and we will tell you how you can do this.

WEBSITE USERS

Unsolicited Personal Information

If you send API3 unsolicited personal information, for example a CV, API3 reserves the right to immediately delete that information without informing you or to decide which category of data subject that you appear to be and manage your personal data within the remit of that category as described elsewhere in this Privacy Notice. We do not knowingly collect or solicit personal information from anyone under 18 years of age. If you are under 18, please do not send any personal information about yourself to us.

Users of our website that do not fall under the specifically stated Data Subject Types

The personal data we collect about you and how we get it

We collect the following categories of personal data:

  • The business contact information you share with us: name, title, job title, email address, business address, telephone number, mobile telephone number, etc.
  • Information your browser makes available when you visit the API3 website: IP address, the source of your site visit, time spent on the website or a particular page, links clicked, comments shared, browser type, date and time of visit, etc.

What we use your personal data for

We use your personal data to:

  • respond to your specific request that you make, for example request a demonstration, whitepapers, newsletters, or other information.
  • provide customer support and process, evaluate and respond to requests and inquiries;
  • conduct and facilitate customer satisfaction surveys;
  • conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand);
  • send you marketing communications (such as alerts, promotional materials, newsletters, etc.);
  • perform data analytics (such as market research, trend analysis, financial analysis, and customer segmentation).

We only collect the personal data from you that we need for the above purposes. We may also anonymise your personal data, so it no longer identifies you and use it for various purposes, including the improvement of our services and testing our IT systems.

The legal basis on which we use your personal data

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:

  • Legitimate interest as by using our website it is understood that there is potential for you to be a potential customer, contractor, employee, or supplier.

Copyright Violations

We reserve the right to restrict access to or remove material that we believe in good faith to be copyrighted material and/or illegally copied and/or distributed, and restrict and discontinue service to offenders. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone on behalf of which you are authorized to act), please send a notice of copyright infringement containing the following information to [email protected]:

  1. (a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  2. (b) Identification of works or materials being infringed;

SUPPLIERS OR POTENTIAL SUPPLIERS

The personal data we collect about you and how we use it

We collect and use personal data that concerns you in connection with the agreements with our suppliers. We may collect the following categories of personal data:

  • Identification data and business contact information, you share with us such as first name, last name, job/position/title, nationality, business email address, business address, telephone number, mobile telephone number.
  • Additional information you provide to us in the course of our business relations such as data concerning the fulfilment of our contractual obligations and pre-contractual measures including correspondence data, offers, tenders, resume/CV, conditions, contract and order data, invoices, payments, business partner history, records relating to queries/questions/complaints/orders.
  • Electronic identification data and information collected by the communications systems, IT applications and website browser (where supplier has access or is affected by such systems or applications and in accordance with the applicable law) such as information technology usage (system access, IT and internet usage), device identifier (mobile device ID, PC ID), registration and login credentials, IP address, login data and log files, Analytics ID, time and URL, searches, website registration and cookie data, sound recordings (e.g. voice mail/phone recordings, Skype recordings).

What we use your personal data for

We may use your personal data as described above for the following purposes:

  • supplier and service provider management throughout the supply chain including contact interaction including tendering, engagement, processing orders, process and fulfilment of purchases, administration and management of suppliers, vendors, contractors, advisers and other professional experts;
  • paying debts, supplier invoice and payment management, purchasing of direct and indirect services;
  • reporting and analytics including market intelligence and development and improvement of services or products through assessment and analysis of the information;
  • management of process quality;
  • references on documents, such as tenders, purchase orders, invoices, reports;
  • contract lifecycle management;
  • payment collection and insolvency processes;
  • training suppliers;
  • finance and shared accounting services, providing record to report and purchase to pay services;
  • reorganisation, acquisition and sale of activities, business units and companies;
  • monitoring and auditing compliance with API3’s policies, contractual obligations and legal requirements;
  • carrying out audits, reviews and regulatory checks to meet obligations to regulators;
  • governance, risk and compliance, including due diligence and anti-money laundering obligations, customs and global trade compliance and sanctioned party list screening, security, including prevention, detection of crime and fraud;
  • maintain and protect the security of products, facilities, services, systems, networks, computers and information, preventing and detecting security threats, and fraud or other criminal or malicious activities; and
  • manage IT resources, including infrastructure management including data back-up, information systems’ support and service operations for application management, end user support, testing, maintenance, security (incident response, risk, vulnerability, breach response), user accounts management, software licenses assignment, security and performance testing and business continuity.

We collect only the personal data from you that we need for the purposes described above. For statistical purposes, improvement of our services and testing of our IT systems we use as much as reasonably possible anonymised data. This means that these data can no longer (in)directly identify you or single you out as an individual.

What happens if you do not provide us with the information we had asked you for or if you ask us to stop processing your information?

Where it concerns processing operations related to the agreements with our suppliers (as described above), API3 will not be able to adequately establish, conduct or terminate a business relationship with you or your company and generally perform the purposes described above without certain personal data. Although we cannot obligate you to share your personal data with us, please note that this then may have consequences which could affect the business relationship in a negative manner, such as not being able to take requested pre-contractual measures to enter into a contract with you or to establish and continue the business relationship you have asked for.

The legal basis on which we use your personal data

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:

We may process your personal data for the fulfilment of contractual obligations resulting from contracts with you or your company, or as part of pre-contractual measures we take;

In some cases, we rely on our legitimate interests to process your personal data insofar as this is not overridden by your own privacy interests. Such interests may include:

  • conduct, management, development and furtherance of our business in the broadest sense possible including supply of products and services, performance of agreements and order management with suppliers, process and fulfilment of purchases, process quality management and improvement of products or services, analytics and market intelligence, reduction of default risks in our procurement processes and reorganization, acquisition and sale of activities, business divisions and companies;
  • monitor, investigate and ensure compliance with legal, regulatory, standard and API3 internal requirements and policies;
  • prevent fraud and criminal activity including investigations of such activity, misuse of API3 assets, products and services, and as strictly necessary and proportionate for ensuring network and information security; and
  • transmitting personal data within the API3 group for internal administrative purposes as necessary for example to provide centralised services.

In some cases, we process your personal data on the basis of legal obligations and statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities, statutory retention periods or the disclosure of personal data within the scope of official or judicial measures may be required for the purposes of taking evidence, prosecution or enforcement of civil law claims.

Regarding personal data concerning criminal convictions and offences, we will only process such data where such processing is permitted by applicable (local) law.

CUSTOMERS/CLIENTS OR POTENTIAL CUSTOMERS/CLIENTS

The personal data we collect about you and how we use it

We collect the following categories of personal data:

  • The business contact information you share with us: name, title, job title, email address, business address, telephone number, mobile telephone number
  • Additional information you provide to us in the course of our business relations, such as: interests in API3 services or products, marketing preferences, registration information provided at events, fairs, contract or order data, invoices, payments, business partner history, etc.
  • Information your browser makes available when you visit the API3 website: IP address, the source of your site visit, time spent on the website or a particular page, links clicked, comments shared, browser type, date and time of visit, etc.
  • To the extent necessary to fulfil our obligations, data obtained from publicly accessible sources or which are legitimately transmitted by other third parties (e.g. a credit agency): commercial register data, association register data, creditworthiness data.

What we use your personal data for

We use your personal data to:

  • process and fulfil orders and keep you informed about the status of your or your company’s order;
  • provide and administer our products and services;
  • provide customer support and process, evaluate and respond to requests and inquiries;
  • conduct and facilitate customer satisfaction surveys;
  • conduct marketing and sales activities (including generating leads, pursuing marketing prospects, performing market research, determining and managing the effectiveness of our advertising and marketing campaigns and managing our brand);
  • send you marketing communications (such as alerts, promotional materials, newsletters, etc.);
  • perform data analytics (such as market research, trend analysis, financial analysis, and customer segmentation).

We only collect the personal data from you that we need for the above purposes. We may also anonymise your personal data, so it no longer identifies you and use it for various purposes, including the improvement of our services and testing our IT systems.

What happens if you do not provide us with the information we had asked you for, or if you ask us to stop processing your information?

Certain personal data is necessary to establish, conduct or terminate a business relationship with you. We need you to provide us with the personal data required for the fulfilment of contractual obligations or which we are legally obliged to collect. Without such personal data, we will not be able to establish, execute or terminate a contract with you. Also, we will be unable to take requested pre-contractual measures to enter a contract with you or to establish and continue the business relationship you have asked for.

The legal basis on which we use your personal data

We use your personal data for the purposes described in this notice based on one of the following legal bases, as applicable:

  • We may process your personal data for the fulfilment of contractual obligations resulting from contracts with you or your company, or as part of pre-contractual measures we have been asked to take;
  • We may process your personal data on the basis of statutory requirements, for example, on the basis of tax or reporting obligations, cooperation obligations with authorities or statutory retention periods;
  • We will ask your consent for the activities described in this privacy notice when required by applicable law, for example when we process your data for marketing purposes where we don’t have an existing business relationship with you or your company; or
  • We will rely on our legitimate interests to process your personal data within the scope of the business relationship with you or your company. Our legitimate interests to collect and use the personal data for this purpose are management and furtherance of our business. You may obtain a copy of our assessment of why we may process your personal data for these interests by submitting a request at [email protected]