Last Updated: April 21, 2023
Overview and Scope
This Policy is also drafted to comply with the California Consumer Privacy Act (“CCPA”) (as amended by the California Privacy Rights Act (“CPRA”)) and emerging United States (“US”) privacy laws, including the Virginia Consumer Data Protection Act (“VCDPA”). In addition, this Policy is applicable to data subjects within jurisdictions outside of the U.S., including but not limited to, the European Economic Area and the United Kingdom (collectively, the “EEA”). Therefore, this Policy is drafted to comply with the E.U. General Data Protection Regulation (EU) 2016/679 and the U.K. GDPR (collectively, the “GDPR”). Users of the Service are under no statutory or contractual obligation, or other obligation to provide PII to us. For the purposes of compliance with the GDPR, we are the data controller of information we collect from data subjects through the Service. For the purposes of this Policy, “data subject” means an identified or identifiable natural person located in the EEA.
Information We Collect
We are the sole owner of information collected on the Service. We collect several types of information from and about Users of the Service, including:
Personal Information: We may collect PII (i.e., “personal data” under the GDPR) from you when you complete forms, navigate web pages, and in connection with other activities, services, features, or resources we make available on the Service. PII means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. PII does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of the CCPA. We may collect Sensitive PII about you.
The types of PII we have collected, used, stored, and disclosed in the last twelve (12) months include the following categories of information:
Types of Information
Blog, Marketing Pages, Homepage
IP Address (via Google Analytics)
Blog, Marketing Pages, Homepage
Marketing Pages, Homepage
Interactions with the Service
Blog, Marketing Pages, Homepage
Blog, Marketing Pages, Homepage
Deidentified Information: We may collect deidentified information from you and aggregate information that may not by itself reasonably identify you as the source when you navigate the Service (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law. We publicly commit to maintain and use the information in deidentified form and not to attempt to reidentify the information, except that we may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subdivision.
Children’s Information: We do not offer our services or promote the Service to, nor do we intentionally collect or retain PII from, children who are younger than 18 years of age. If we discover that we have inadvertently collected information from a child under 18 years of age, we will promptly take all reasonable measures to delete such information from our systems.
How We Collect Information
The information we collect depends on what Users do when they visit or utilize the Service. We collect PII and Deidentified Information in various ways, including:
Directly from You: We collect PII when you voluntarily submit PII to us while completing forms on the Service and in connection with other activities, services, features, or resources we make available on the Service. The PII we collect depends on what you do when you visit or utilize the Service or how you choose to communicate with us.
Through Your Use of the Service: We may collect PII and Deidentified Information that your browser transmits when you visit the Service. We may also collect Deidentified Information about how you access and interact with the Service through the use of automated tracking technologies, such as session cookies, persistent cookies, and web beacons.
A cookie is a small data file that is transferred to an internet browser, which enables the Service to remember and customize your subsequent visits. We may use session cookies to make it easier for you to navigate the Service. In particular, we may use session cookies to record session information, such as which web pages you visited and to track your activity on the Service. Session cookies expire when you close your browser. We may also use persistent cookies to track and target your interests to enhance your experience on the Service. Persistent cookies remain on your device for an extended period of time. Additionally, we may use web beacons, which are single-pixel, electronic images embedded in the Service that allow us to gather information about your browsing activities on the Service.
Most internet browsers automatically accept cookies. However, you can instruct your internet browser to block cookies or to provide you with a warning prompt before you accept cookies from the Service. Please refer to your internet browser’s instructions to learn more about these functions. If you reject cookies, the functionality of the Service may be limited and you may not be able to participate in several of the Service’s features.
From Third Party Services: We may collect PII about you from third parties whose privacy practices may differ from the practices described in this Policy. We do not make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available through third parties. Your use of third parties’ services and/or third party websites is governed by and subject to the terms and conditions of those third parties and/or third party websites. We encourage you to carefully review the privacy policies and statements of such third parties and/or third party websites.
How We Use Information
We may use Users’ PII for lawful business purposes: (i) as necessary for the performance of our contract with Users, (ii) for our legitimate interests, so long as they are not overridden by Users’ own rights and interests, or (iii) as required by law. These purposes include:
Delivery of the Services: We may use your PII to deliver our services to you through the Service.
Monitoring Sales and Marketing: We may use your PII to send marketing and promotional materials related to the Service that may interest you. You have the right to opt-out of receiving direct marketing.
Customer Service and User Communications: We may use your PII to help us respond to your inquiries, questions, requests, and support needs more efficiently.
User Experience Personalization: We may use Users’ PII and/or Deidentified Information in the aggregate to analyze Users’ browsing and usage activities and patterns in order to understand Users’ interests and preferences with respect to the Service and our services. This will help us optimize your experience on the Service.
Business Optimization: We may use your PII and/or Deidentified Information to improve the content on our web pages, to customize the content and layout of our web pages, and in managing our everyday business needs. We may also use your feedback to improve the Service and develop new services. All of this is done with the intention of making the Service more useful for you.
Safety and Security: We may use your PII and/or Deidentified Information to promote the safety and security of the Service, our users, and other parties. For example, we may use the information to authenticate users, facilitate secure payments, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We will not collect additional categories of PII or use PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.
How We Disclose Information
We may disclose Users’ PII to third parties for a business purpose as described below. Otherwise, we do not sell, rent, lease, or “share” PII, and will not disclose Users’ PII to third parties without your permission. The CCPA defines “sharing” as the disclosure of PII for cross-context behavioral advertising.
To Our Affiliates: We may disclose your PII to affiliates, including companies within the PNF.
To Service Providers: We may disclose your PII to third party service providers that assist us in providing user support, communicating with Users, and promoting our services, as well as third party service providers that provide other services to us relating to our services and/or the Service.
Law Enforcement, Safety, and Legal Processes: We may disclose your PII to law enforcement or other government officials if it relates to a criminal investigation or alleged criminal activity. We may also disclose your PII: (i) if required or permitted to do so by law; (ii) for fraud protection and credit risk reduction purposes; (iii) in the good-faith belief that such action is necessary to protect our rights, interests, or property; (iv) in the good-faith belief that such action is necessary to protect your safety or the safety of others; or (v) to comply with a judicial proceeding, court order, subpoena, or other similar legal or administrative process.
Sale or Acquisition of Assets: If we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if we are transferred to another company, we may disclose and/or transfer your PII as part of the transaction. If the surviving entity in that transaction is not us, the surviving company may use your PII pursuant to its own privacy policies, and those policies may be different from this Policy.
Type of Information Disclosed
In the last twelve (12) months, we have disclosed the following categories of PII to third parties for a lawful business purpose:
Internet or Other Similar Network Activities; and
The security and confidentiality of your PII is very important to us. We use commercially reasonable security measures to protect your PII on the Service. However, no data transmitted over or accessible through the internet can be guaranteed to be 100% secure. As a result, while we attempt to protect your PII, we cannot guarantee or warrant that your PII will be completely secure (i) from misappropriation by hackers or from other nefarious or criminal activities, or (ii) in the event of a failure of computer hardware, software, or a telecommunications networks.
We will retain Users’ PII (including Sensitive PII, where applicable) while they maintain an account with us or to the extent necessary to provide the services through the Service. Thereafter, we will keep PII for as long as reasonably necessary: (i) to respond to any queries from Users; (ii) to demonstrate we treated Users fairly; (iii) for ordinary business continuity procedures; or (iv) to comply with any applicable laws. We delete PII within a reasonable period after we no longer need the information for the purposes set out in this Policy.
GDPR Data Subject Rights
If you are a data subject located in the EEA, the GDPR grants you certain data privacy rights. Your rights include the:
Right to Access: You have the right to request a copy of your PII.
Right to Rectification: You have the right to request that we correct any mistakes in your PII.
Right to Erasure: You have the right to request that we delete your PII.
Right to Restrict Processing: You have the right to restrict processing of your PII.
Right to Object to Processing: You have the right to object to our processing or your PII.
Right to Data Portability: You have the right to receive your PII in a structured, commonly used and machine-readable format.
Right to Not be Subject to Automated Individual Decision Making: You have the right not to be subject to a decision based solely on automated processing.
To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights are limited to the extent permitted by applicable law.
CCPA, VCDPA, and US State-based Resident Rights
Many US jurisdictions have enacted their own comprehensive data privacy laws that include detailed consumer rights. If you are a California or Virginia resident, the CCPA and VCDPA grant you certain data privacy rights. Your rights include the:
Right to Access: You have the right to request a copy of the specific pieces of PII that we have collected about you in the previous twelve (12) months. The information will be delivered by mail or electronically. Upon receipt of a Verifiable Consumer Request, we will disclose:
The categories of PII we have collected about you;
The categories of sources from which PII is collected;
Our business purpose for collecting PII;
The categories of third parties with whom we share PII, if any; and
The specific pieces of PII we have collected about you.
Right to Data Portability: You have the right to receive your PII in a portable, readily usable format that allows you to transmit your information to another entity without hindrance.
Right to Correct Inaccurate Information: You have the right to request that we correct inaccurate information about you that we maintain.
Right to Deletion: You have the right request that we delete your PII.
Right to Be Free from Discrimination: You have the right to not be discriminated against by us for exercising any of your rights under the CCPA and VCDPA. Unless permitted by the CCPA and VCDPA, we will not:
Deny goods or services to you;
Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
Provide a different level or quality of goods or services to you; or
Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by applicable law.
Additional California Privacy Rights
California’s “Shine the Light” law permits Users of the Service that are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. To make such a request, please contact us at the Contact Information provided below.
Verifiable Consumer Requests
You can exercise your legal rights by submitting a Verifiable Consumer Request to us by emailing us at email@example.com.
Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your PII. Making a Verifiable Consumer Request does not require you to create an account with us. You may only make a Verifiable Consumer Request for access to PII twice in a 12-month period.
The Verifiable Consumer Request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you. We will only use PII provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will acknowledge receipt of a Verifiable Consumer Request within ten (10) days. We endeavor to respond to Verifiable Consumer Requests within thirty (30) days (for data subjects located in the EEA) or forty-five (45) days (for California residents) of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the Verifiable Consumer Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to Verifiable Consumer Requests, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Generally, we do not process PII based on consent. However, in the event we do, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on said consent before its withdrawal. If you would like to withdraw your consent, please contact us at the Contact Information provided below.
Cross Border Data Transfer
To deliver the services through the Service, it may be necessary for us to share data subjects’ PII outside the EAA or your country of residence. We may share data subject PII with our affiliates and services providers located in the United States. In the event we transfer PII outside the EEA or your country of residence, we will take commercially reasonable measures to ensure the transfer complies with applicable data protection laws and PII is securely transferred. Our standard practice is to use standard contractual clauses approved by the European Commission, the UK Information Commissioner’s Office, and other relevant data protection authorities to facilitate such data transfers. If you have any questions about our data transfer practices, please contact us at the Contact Information provided below.
Do Not Track Disclosure
Some internet browsers may transmit “do-not-track” signals to websites with which the browser communicates. The Service does not currently respond to these “do-not-track” signals.
We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). We do not sell or disclose customer lists or email address lists to unrelated third parties. Except as otherwise provided herein, we do not share PII with any third party advertisers.
Third Party Links
The Service may contain links to other websites or applications (“Linked Sites”) that are not owned by us. We do not control the collection or use of any information, including PII, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Service are framed within a page of the Service.
Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and we are not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave the Service and read the privacy policies of Linked Sites.
Accessing, Updating, and Controlling Information
For those users who are not an EEA data subject or California resident, if you ever wish to access, update, change, delete, opt-out of us sharing, or otherwise control your PII, or cancel your user account, you may do so by making such changes through your user account or contacting us at the Contact Information provided below. To help us process your request, please provide sufficient information to allow us to identify you in our records. We reserve the right to ask for additional information verifying your identity prior to disclosing any PII to you. Should we ask for verification, the information you provide will be used only for verification purposes, and all copies of the information will be destroyed when the process is complete.
If you wish to opt-out of receiving update messages and/or direct marketing communications from us, you may opt-out by (i) following any instructions included in the communication; (ii) contacting us at the Contact Information provided below; or (iii) by making such changes through your user account. Please be aware that although you may opt-out of update messages and/or direct marketing communications, we reserve the right to email you administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, or delete PII without unreasonable delay and in any event within thirty (30) days of receipt of a Users’ request. Where circumstances require, we may extend the reply period to forty-five (45) days. Please be aware that requests may be limited to the extent permitted by applicable law, including the GDPR.
File a Complaint
If you would like to file a complaint with us about our privacy practices, please contact us at the Contact Information provided below. If you are a data subject located in the EEA, the GDPR grants you the right to lodge a complaint with a competent supervisory authority as well. To find a competent supervisory authority, please use the following resource: https://edpb.europa.eu/about-edpb/board/members_en. UK data subjects can utilize the following resource: https://ico.org.uk/global/contact-us/.
If you have questions about this Policy or wish to contact us with questions or comments, please contact us at:
Attn: Pocket Network Foundation
P.O. Box 31489
2nd Floor Whitehall House
238 North Church Street
George Town, Cayman Islands, KY1-1206
Effective Date: 21 April 2023