Privacy Policy

I. Processor Details

The NEAR Foundation (hereinafter “NEAR” or “we” or “us”) is the responsible party for the processing of personal data collected through your use of our website https://near.org  and https://near.foundation as per the applicable data protection laws, in particular the Swiss Data Protection Act (DPA) and – if applicable to your personal data – the European General Data Protection Regulation (GDPR).

We have our registered domicile at Chamerstrasse 12 C, 6300 Zug, Switzerland. For  any queries regarding your personal data, please contact us at the following address: legal@near.foundation.

II. How we process your personal data

1. Scope

We only process your personal data if this is necessary to provide a functional website or to provide you with our contents and services. The processing of personal data only takes place based on the appropriate legal basis and as permitted by law.

2. Legal Basis for Processing under GDPR

Insofar as we are required to obtain the consent of the data subject for the processing of personal data, we will obtain your prior consent and Art. 6 para. 1 lit. a GDPR serves as the legal basis for the processing of the corresponding data.

If the processing of personal data required for the performance of a contract to which you are a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual services or measures.

Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.

In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6 para 1lit. d GDPR serves as the legal basis.

If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDRP serves as the legal basis.

3. Duration of Processing

We only store your personal data for as long as necessary to serve the purpose of the processing and we delete personal data or block access to it as soon as such purpose ceases to apply.

Furthermore, personal data may be stored if this has been provided for by the applicable law (for example for book keeping or mandatory archiving purposes). The data will also be blocked or deleted if a storage period prescribed by the applicable law expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

III. Website Access and Logfiles

1. Automated Data Processing

Every time you visit our website, our system automatically collects data and information about the computer system you used to access our website.

The following data is collected:

• Browser information (type and version)
• Operating system
• Your internet service provider
• Your IP address
• Date and time of access
• Websites from which your system reaches our website
• Websites accessed by the user’s system via our website

The data is also stored in the log files of our system. This data is not stored together with your other personal data.

For data processing subject to GDPR, the legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

2. Cookies, tracking and technologies relating to the use of our website

We use cookies on our site. Cookies are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Information is stored in the cookie that results in each case in connection with the specifically used terminal device. However, this does not mean that we immediately become aware of your identity. The use of cookies primarily serves the purpose of making your use of our websites more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website.

In addition, we also use temporary cookies that are stored on your end device for a specified period of time to optimize user-friendliness. If you visit our site again to use our services, it will automatically recognize that you have already been with us and what entries and settings you have made so that you do not have to enter them again.

Furthermore, we use cookies to statistically record the use of our website and to evaluate it for you for optimising our websites. These cookies enable us to automatically recognize when you return to our site that you have already been with us. These cookies are automatically deleted after a defined period of time.

Within the scope of the GDPR, the data processed by cookies for the aforementioned purposes is justified in order to protect our legitimate interests and those of third parties pursuant to Art. 6 para. 1 sentence 1 letter f GDPR.

Most browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, the complete deactivation of cookies can lead to the fact that you cannot use all functions of our website.

We use Google Analytics and Mailchimp on our websites. These are services provided by third parties, which may be located in any country (in the case of Google Analytics, Google LLC is based in the US but Google Ireland Ltd. is the data controller for customers based in the EU and Switzerland, for more information visit https://policies.google.com/?hl=en) and allow us to measure and evaluate the use of our website (without identifying individuals). Permanent cookies, which are placed by the service provider, are also used for this purpose. Although such service providers do not receive personal data from us (and do not retain any IP addresses), they may track your use of the website, combine this information with data from other websites you have visited, which are also tracked by service providers, and use this information for their own purposes (e.g. to manage advertising). If you have registered with the service provider concerned, the service provider will also know your identity. The service provider concerned will then be responsible for processing your personal data in accordance with the applicable data protection provisions. Service providers only provide information on how a particular website is used (but not any personal details).

We also use plugins from social networks such as Facebook, Twitter, YouTube, Google+, LinkedIn on our websites. This will be evident to you, as the relevant symbol will typically be displayed. We have configured these elements to be disabled by default. If you enable these (by clicking on them), the social network operators may register that you are on our website and where you are on our website, and may use this information for their own purposes. The operator concerned will then be responsible for processing your personal data in accordance with the applicable data protection provisions. We will not receive any information regarding you from the operator concerned.

3. Purpose of Processing

The data is stored in log files to ensure the functionality of the website. In addition, the data serves us to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.

For data processing subject to GDPR, these purposes are our legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR.

4. Duration of Processing

The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, deletion occurs after seven days at the latest. Further storage is possible. In this case, the IP addresses of the users are deleted or anonymized.

5. No Objection

The collection of data for the provision of the website and the storage of data in log files is absolutely necessary for the operation of the website. Consequently, there is no possibility of objection on your part.

IV. Your Rights

You have the following rights under the applicable data protection laws:

1. Right of Information

You can request us to confirm whether personal data concerning you is being processed by us

If such processing has taken place, you can request the following information from us:

• The purposes for which the personal data are processed;
• the categories of personal data being processed;
• the recipients or categories of recipients to whom the personal data concerning you have been or are still being disclosed;
• the planned duration of the storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the storage period;
• the existence of a right to rectification or deletion of personal data concerning you, a right to limitation of processing by the controller or a right to object to such processing;
• the existence of a right of appeal to a supervisory authority;
• any available information on the origin of the data if the personal data are not collected from the data subject;
• if the processing is subject to GDPR, the existence of automated decision-making including profiling in accordance with Art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information as to whether the personal data concerning you is transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees in connection with the transmission.

2. Right to Rectification

You have a right of rectification and/or completion if the personal data processed concerning you are incorrect or incomplete. We shall make the correction without delay.

3. Right of Restriction

Under the following conditions, you may request that the processing of your personal data be restricted:

• if you dispute the accuracy of the personal data concerning you for a period that enables us to verify the accuracy of the personal data;
• the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
• we no longer need the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims; or
• if you have filed an objection to the processing pursuant to Art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of personal data concerning you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending rights or protecting the rights of another natural or legal person or on grounds of an important public interest.

4. Right to Deletion
5. a) Obligation to Delete Personal Data

You may request us to delete the personal data relating to you without delay and we are obliged to delete this data without delay if one of the following reasons applies:

• The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
• You revoke your consent, on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
• You file an objection against the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to Art. 21 para. 2 GDPR.
• The personal data concerning you have been processed unlawfully.
• The deletion of personal data relating to you is necessary to fulfil a legal obligation to which we are subject.
• The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 para. 1 GDPR.

If we have made your personal data public and are obliged to delete it pursuant to Art. 17 para. 1 GDPR, we shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform those responsible for data processing who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.

1. b) Exceptions

The right to deletion does not exist insofar as the processing is necessary

• to exercise freedom of expression and information;
• for the performance of a legal obligation required for processing under the applicable law or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
• for reasons of public interest in the field of public health pursuant to Art. 9 para. 2 lit. h and i and Art. 9 para. 3 GDPR;
• for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to Art. 89 para. 1 GDPR, insofar as the right mentioned under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
• to assert, exercise or defend legal claims.

5. Right to Notification

If you have exercised your right to have us correct, delete or limit the processing, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.

6. Data Portability

You have the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by us, provided that

• processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
• processing is carried out by means of automated methods.

In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from us to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.

7. Right to Objection

You have the right to object at any time, for reasons arising from your particular situation, to the processing of your personal data based on Article 6 para 1 lit. e or f GDPR; this also applies to profiling based on these provisions.

In such case we shall no longer process the personal data concerning you, unless we can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If the personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

8. Right to Withdraw Consent

You have the right to revoke your declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.

9. Right of Appeal to Supervisory Authority

Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, if you believe that the processing of personal data concerning you is contrary to the applicable law.

1. Special Provisions

1. Current Third Party Processors

The following third party processors are currently assigned with processing activities on our behalf:

Near Inc.

181 2nd Street

San Francisco CA 94105

USA

NEAR Technology GmbH

c/o Factory Works GmbH

Mobil- Rheinsberger Straße 76

10115 Berlin

Germany

Information is disclosed to third party processors for the purposes of assisting and/or following up with you, and coordinating that assistance/follow-up where you have shown interest in the NEAR protocol or any of the programs in the NEAR ecosystem.

The updated list of these parties may be requested from the Controller at any time.

NEAR Foundation – Privacy Notice – March 2021

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