Privacy Policy

We, DFINITY Stiftung (DFINITY Foundation), Genferstrasse 11, 8002 Zurich, Switzerland ("DFINITY", "we", "us", or "our"), explain in this Privacy Policy how we and our affiliates process the personal data we collect when you purchase a Cloud Engine and use the related services DFINITY provides as described in the Terms of Use (the "DFINITY Services"): invoicing and payment collection, conversion and transfer of your payment to the protocol, tax handling, purchase-related support, and associated legal compliance.

What this Policy does not cover. The portal at opencloud.org, including the console and tools (the "Portal"), is hosted on the ICP network and operated by the Network Nervous System (the "NNS"), not by DFINITY; this Policy covers only the personal data DFINITY itself receives through or alongside the Portal for the purposes above. It does not cover: (a) personal data processed on a Cloud Engine, which you control as its operator and of which you are the sole controller; (b) personal data we process in our separate capacity as a Node Provider; (c) personal data you share with other users, or with third-party services or Node Providers we do not own or control; or (d) personal data we collect offline or via websites that do not link to this Policy.

Decentralized infrastructure. If you deploy applications or otherwise use the Internet Computer and other decentralized technologies, you share information with a global, decentralized network that is separate from and not controlled by us. Data on the network is held by the applications that process it and can be modified or deleted by the parties controlling those applications; it is not controlled by DFINITY. Requests concerning personal data processed on the network must therefore be directed to the party controlling the relevant application (for data on your Cloud Engine, that is you).

1. Data controller

Data protection laws in certain jurisdictions, including Switzerland ("CH"), the European Economic Area ("EEA"), and the United Kingdom ("UK"), recognise the role of "controller", the organisation that decides why and how personal data is processed. DFINITY is the controller of the personal data described in Section 2. DFINITY is not the controller of data processed on your Cloud Engine (you are), of data processed by the Portal or the network, or of data processed by Node Providers.

2. Personal data we process

We process the following categories of personal data for the purposes described:

• Account and purchase identifiers: the Internet Identity principal and any email address associated with your purchase, used to link your payment to your Cloud Engine and to communicate with you about your purchase. Lawful basis: performance of a contract with you.
• Billing and payments: your name, billing address, VAT/tax identifiers, and a record of your transactions and invoices. Payment-card data is collected and processed directly by our payment processor; we do not store full card numbers. Lawful basis: performance of a contract with you, and compliance with legal obligations (including tax and accounting law).
• Compliance and fraud prevention: information needed to screen transactions against fraud, sanctions, export-control, and anti-money-laundering requirements, which may include identity-verification data. Lawful basis: compliance with legal obligations, and our legitimate interest in preventing fraud and misuse.
• Support and communications: your name, email address, and the details of any issue or enquiry you report. Lawful basis: performance of a contract with you, or our legitimate interest in supporting our users.
• Team and invitations: the email addresses you provide to invite or manage members of an engine. Lawful basis: our legitimate interest in enabling collaboration.
• Usage and diagnostics: device and browser type, operating system, IP address and session metadata, and privacy-safe usage logs, with identifiers masked so that activity rolls up in aggregate. Lawful basis: our legitimate interest in measuring, securing, and improving the DFINITY Services.

We may convert personal data into aggregated and anonymised data, which we use for analytics, product development, and improving the DFINITY Services. We do not knowingly collect personal data from children; if we learn that we have, we will promptly delete it. The services are directed only to adults; you must be at least 18 to use them, consistent with the Terms of Use.

3. Data sharing

We may share your personal data with: (a) other DFINITY group entities that support the purposes in Section 2; (b) service providers, including our payment processor and infrastructure providers; (c) identity-verification, fraud-prevention, sanctions-screening, and analytics providers; (d) tax authorities, law enforcement, courts, and other public authorities where required by law or necessary to establish, exercise, or defend legal claims; and (e) an acquirer or successor in the event of a merger, reorganisation, or transfer of assets, subject to this Policy. We do not sell your personal data, and we do not process it for targeted advertising.

4. Data retention

We retain your personal data for no longer than is necessary for the purposes for which it was collected, or as permitted under applicable law. When determining the period, we consider the nature and sensitivity of the data, the purposes for which we need it, applicable legal and reporting requirements, and the period during which claims may be brought. Typically, we retain your personal data for the duration of your relationship with us and then for a further period as governed by legal, accounting, or reporting requirements. For billing, accounting, and tax records, this period is generally ten years, as required by Swiss law.

5. International transfers

We store your personal data in Switzerland and in other locations where our employees, contractors, and service providers operate, including the United States. Where we transfer the personal data of UK, EEA, or CH residents outside those regions, we do so only where the destination ensures an adequate level of protection, where we have put in place appropriate safeguards (such as a suitable contract with the recipient), where the transfer is necessary to perform our contract with you, or where you have explicitly consented. Contact us if you would like to see a copy of the safeguards we apply.

6. Security

We apply technical and organisational measures appropriate to the risk to protect the personal data we hold, including access controls, encryption in transit, and vendor due diligence. No system is completely secure, and we cannot guarantee the security of data transmitted to us. These measures apply to data in DFINITY's systems; the security of data on the network is a property of the protocol and the Node Providers, not of DFINITY.

7. Third-party links and services

The Portal and our communications may contain links to third-party sites and services that we do not operate, such as our payment processor, community channels, or Node Providers' own sites. We are not responsible for the privacy practices of those sites and encourage you to read the privacy notices that apply to them.

8. Automated decision-making

We do not use automated decision-making that produces legal or similarly significant effects about you, with one exception: automated fraud, sanctions, and payment screening may decline or hold a transaction. If that happens, you may contact us to have the decision reviewed by a person. If our use of automated decision-making changes, we will update this Policy.

9. Your rights

Under certain circumstances, including if you are a resident of the UK, EEA, or CH, or of certain US states, you may have the right to:

• request access to the personal data we hold about you;
• request correction of inaccurate or incomplete data;
• request erasure of your personal data where there is no legal basis for us to continue processing it;
• object to, or request restriction of, our processing of your personal data;
• request transfer of your personal data to you or another party ("data portability"); and
• withdraw consent at any time where we rely on consent (this does not affect processing carried out before withdrawal).

We do not sell personal data or use it for targeted advertising, so the related US opt-out rights do not apply. These rights are not absolute and may be subject to restrictions or unavailable in your jurisdiction. They apply to the personal data described in Section 2 and held in DFINITY's systems; they cannot be exercised against us for data processed on the decentralized network, on your Cloud Engine, or by third-party services, as these are not controlled by us or our affiliates. To exercise any of these rights, contact us at privacy@dfinity.org; we must verify your identity before responding.

If you are unhappy with how we have handled your personal data, you may lodge a complaint with a competent authority. In Switzerland this is the Federal Data Protection and Information Commissioner (edoeb.admin.ch); in the UK, the Information Commissioner's Office (ico.org.uk/concerns); elsewhere, the data protection regulator in your country of residence.

10. Changes to this Policy

We may update this Privacy Policy from time to time, for example to reflect changes in the DFINITY Services or applicable law. If we make a material change, we will update the effective date above, post the new version, and give you reasonable advance notice where the change significantly affects you. Non-material changes take effect when posted.

11. Contact

We welcome questions or comments about this Privacy Policy. Please send any such communication, or any request to exercise your rights, to privacy@dfinity.org.