Version: 1.0
1. This Privacy Notice
Please carefully read this Privacy Notice, as it provides you with information about your personal data being processed in connection with your access to and use of the Website, applying for a Fortytwo vacancy, as well as the participation in the Node Operation. This Privacy Notice explains which types of personal data we hold on you, how we collect and process such data, how long we keep it, and so on.2. Interpretation
Unless otherwise provided in this Privacy Notice, capitalised terms used in this Privacy Notice have the meaning determined in the Legal Notice and, where applicable, Fortytwo Node Operation T&C (the “User Documentation”). You should read the User Documentation applicable to you carefully, as it affects your obligations and legal rights. In this Privacy Notice, “personal data” and “personal information” are synonyms. They refer to any information that can identify you, either directly or indirectly, or that can reasonably be used to do so.3. Contact Details
We, Fortytwo Ltd, a company established under the laws of the Seychelles, are the data controller for the data collected under this Privacy Notice, meaning we determine how and why your data is processed. If you have any questions about this Privacy Notice or your data processing, please contact us at legal@fortytwo.network.4. Type of Data
The categories of personal data collected depend on how you interact with us, use the Website, and the requirements of applicable laws. We collect and process the following types of personal data:a. Application Data
This may include your name, email address, social media and instant messaging accounts handles, CV or cover letter, Wallet Data, device details (including CPU, GPU, RAM and VRAM), operating system, and any other information you choose to provide us with.b. Wallet Data
This includes Wallet addresses and associated transaction data, which may include information about transaction ID, status, time and date, etc. While a Wallet address alone does not identify a specific individual, when combined with other data (such as a name, nickname or email address), it may enable identification. As a result, such combined data could be considered personal information.c. Referral Data
This includes your invitation code. When you participate in our referral program, we may assign you a unique invitation code, made up of random letters and numbers, to identify you as either a user sharing the invitation code with others to participate in the Node Operation, or a user who was invited to participate.d. Marketing Data
This includes your email address.e. Analytical Data
This may include Internet protocol (IP) address, browser details, such as type and version, device information, such as type and operating system, and other usage data regarding the Website. Analytical Data is collected via Google Analytics, operated by Google Ireland Limited and its affiliates, including Google LLC (“Google”). Google gathers information by means of cookies, which are, in effect, small data files placed on your device to recognise it during Website interactions or visits. Google generates aggregated reports about the Website usage, without linking data to specific individuals, ensuring we cannot identify you or your actions from the other visitors and their actions. Google acts as our data processor, however, if it uses the data for its own purposes, Google acts as an independent data controller, and we are not responsible for that processing. For more details, refer to Google’s privacy policy.f. Contact Data
This may include your name, contact details, social media and instant messaging account handles, and other data, depending on what information you provide to us. Please do not provide personal data unless it is reasonably necessary or requested by us. Note that we may also collect certain other information, which may be required under the applicable laws.5. Data Use
The personal data is processed as follows:a. Application Data
To enable you to apply for (i) operating the Node; or (ii) a vacancy posted by us. The lawful basis for such data processing is to take steps at your request prior to entering into a contract, and, further, to perform a contract with you.b. Wallet Data
We use the Wallet Data (i) to ensure the Node Operation; (ii) for financial, accounting, and tax purposes; and (iii) to prevent and detect fraud or abuse, as well as safeguard the security of the Nodes’ network. The lawful basis for such data processing is (i) the performance of a contract with you; (ii) if you act on behalf of an entity, our legitimate interest to ensure the participation in the Node Operation by the entity you represent; (ii) our legal obligation to comply with the applicable laws with respect to the financial, accounting, and tax purposes; and (iii) our legitimate interest in ensuring the security of the Node Operation and all stakeholders.c. Referral Data
To enable your participation in our referral program, track invited users, and accrue due Rewards to you, if any. The lawful basis for such data processing is the performance of a contract with you. If you are an invited user, the lawful basis for your data processing is our legitimate interest to ensure a proper participation in our referral program by the user, who invited you.d. Marketing Data
To provide you with marketing and newsletter emails concerning the latest developments, news, and insights related to the Website, our products and services, including the program for Node Operators. The lawful basis for such data processing is your consent provided by subscribing to receiving our newsletter.e. Analytical Data
To analyse the use of the Website and provide a better user experience by improving its functionality, usability, user flow and interface. The lawful basis for such data processing is your consent. When you visit the Website, you are able to opt out from using Google Analytics. You also may object to the collection of personal data by Google Analytics by downloading and installing a browser add-on from Google.f. Contact Data
To respond to your inquiry. The lawful basis for such data processing is our legitimate interest to respond to your inquiry.6. Processing Period
As a general rule, your personal data is kept as long as it is necessary for the purposes it was collected. It may be retained longer if required to meet our legal obligations, in relation to legal proceedings, or to protect our rights and legitimate interests or those of third parties. The storage periods are as follows:a. Application Data
The Application Data are stored as follows:- With respect to the Application Data related to your application for participating in the Node Operation: if your application is approved, as long as our relationship with you continues and for one (1) year thereafter. If your application is rejected, for one (1) year thereafter. We set this retention period due to the statutes of limitations established in the User Documentation.
- With respect to the Application Data related to your application for a vacancy posted by us: if your application is approved, as long as our relationship with you continues and for five (5) years thereafter due to our legal obligation to retain business records, as well as our legitimate interest to protect our or third-party rights in case of any violation of confidentiality or other obligations imposed on you in connection with the engagement, that continue even after the relationship ends.
b. Wallet Data
We do not set a retention period for Wallet Data that is not personal, and we are not able to identify any particular individual with such Wallet Data. If Wallet Data becomes identifiable, it will be retained for seven (7) years after the completion of the transaction to which such data relates. We set this retention period due to the law of our jurisdiction. Note that due to the nature of a blockchain, the Wallet Data may be stored permanently on the applicable blockchain, not by us, and may be accessed and viewed by any person at any time. For more details, refer to the ‘Your Information and Blockchain’ section of this Privacy Notice below.c. Referral Data
As long as you participate in our referral program and for one (1) year thereafter. We set this retention period due to the statutes of limitations established in the User Documentation.d. Marketing Data
As long as you remain a subscriber. You can unsubscribe from marketing emails at any time by (i) contacting us, or (ii) clicking the unsubscribe button at the bottom of each marketing email. Then your email address will be removed from our marketing database. Please note that administrative or service-related communications (like email verifications or maintenance notifications) are not considered marketing and may not include an unsubscribe option.e. Analytical Data
There is no storage period as the Analytical Data is anonymous, aggregated, and does not allow for identifying any particular person against the Website visitors. If and to the extent we become able to identify any specific individual, we will update this Privacy Notice and set a specific processing period for the Analytical Data.f. Contact Data
For one (1) year from the last date when you contacted us regarding the same matter. We set this retention period due to the statutes of limitations established in the User Documentation.7. Data Sharing
a. General
We do not sell or rent out your data. We may share it in line with this Privacy Notice, applicable laws, the Legal Notice, or with your consent. Appropriate measures will be taken to protect your data during such transfers.b. Recipients
Given the purposes outlined above, your personal information is shared with the following categories of recipients: (i) Affiliates; (ii) marketing, support, and technical teams; (iii) email delivery service providers; (iv) analytical solution providers, such as Google Analytics; (v) hosting service providers; (vi) government authorities, upon their request or if necessary to comply with our legal obligations; (vii) another entity if we sell or otherwise transfer the Website or its parts; and (viii) other third-party solutions, which may be from time to time integrated in relation to the Website, such as Tally and Ashby when you fill in a form to reach us via the application functionality that may be available on the Website.8. Your Information and Blockchain
Please kindly note that the Wallet Data interacts with a decentralised blockchain network: essentially, you enter this data to the blockchain using your Wallet each time you make a blockchain transaction or interact with blockchain smart-contracts. We do not control nor operate blockchain networks. This means that due to the structure of the blockchain network, certain rights or abilities may be limited. It also means that your Wallet Data is publicly available to any person who has access to the blockchain. Please be aware that any transaction within the blockchain network is irreversible and information put into the blockchain cannot be deleted or changed. The ultimate decision whether to transact on a blockchain or carry out any transactions rests with you.9. Automated Decision-Making
Automated decision-making is the process of making a decision by automated means without any human influence on the outcomes. We do not make any automated decisions based on your personal data. If we intend to process your personal data by any automated means, we will do our best to inform you about the same prior to such processing.10. Data Subject Rights
a. Verification
In case you wish to exercise your data subject rights, we may request certain information from you to verify your identity and confirm that you are entitled to exercise such rights.b. Blockchain Data Processing
Please note that when interacting with blockchain networks, you may not be able to fully exercise certain rights under applicable data protection laws regarding your Wallet Data. For example, we may be unable to delete, correct, or restrict your Wallet Data. For more details, refer to ‘Your Information and Blockchain’ section of this Privacy Notice.c. Data Subject Rights.
According to the applicable legislation, you may have the following rights:- Right to Access You can request to see if we process your personal data. If we do, you can ask for details about the processing and a copy of the data to verify its accuracy and legality.
- Right to Correction You can request to correct or complete any incomplete or inaccurate data. We may need to verify the accuracy of the new information you provide.
- Right to Deletion You can request the deletion of your personal data if we no longer need it, you have successfully objected to processing, we processed it unlawfully, or we must erase it to comply with the law. We may not always be able to fulfil your request due to legal or technical reasons, which will be explained in our response.
- Right to Objection You can object to the processing of your data if it does not comply with applicable laws. We may, however, show that we have compelling legitimate grounds for processing that override your rights.
- Right to Restrict Processing You can ask us to suspend processing your data if: (i) you need to verify its accuracy, (ii) it is used unlawfully, but you do not want it deleted, (iii) you need it to establish, exercise, or defend legal claims, or (iv) you have objected to its use, and we need to verify if we have overriding grounds.
- Right to Data Portability You can request your personal data be transferred to you or a third party in a structured, commonly used, machine-readable format. This right applies only to automated data processed based on your consent or performance of contract.
- Right to Withdraw Consent You can withdraw your consent at any time if we are processing your data based on your consent.
- Right to Human Review You can request a human review of decisions made solely based on automated processing, including profiling, if such decisions impact your rights.
- Right to File a Complaint You can file a complaint with a supervisory authority if we violate your rights or legal obligations. The competent authority may depend on your location.