Privacy Policy

Last Updated: July 20, 2023

PRIVACY NOTICE

The Spatial Web Foundation (“The Spatial Web Foundation” or “we”) recognizes the importance of protecting the privacy rights of its users. This Privacy Notice outlines how The Spatial Web Foundation, including all divisions, parents, subsidiaries, predecessors, successors, and assigns (collectively with The Spatial Web Foundation, “we”, “us”, or “our”), will handle and use personally identifiable electronic information (“PII”) provided by or collected from individual users. It also explains the choices users have regarding the collection and use of their PII. By using The Spatial Web Foundation’s Services (as defined below) or interacting with any of its various systems and resources, you (as well as any entity or person on whose behalf you are acting) agree to the terms of this Privacy Notice. If you do not agree with the terms outlined herein, you should not provide us with PII or use our Services.

Definitions

  1. Cookies: Small text files placed on your computer while visiting certain sites on the Internet, used to identify your computer.
  2. Deidentified Information: Information that cannot reasonably identify, relate to, describe, or be capable of being associated with, or be linked, directly or indirectly to, a particular individual person. To be “deidentified,” the information must be subject to technical safeguards and business processes that prohibit reidentification of the person to whom the information pertains and seek to prevent any inadvertent release of said deidentified information.
  3. Personally Identifiable Information (PII): Any information that would constitute “personal data” under applicable data privacy law or that relates to or is associated with an identified or identifiable natural person, whether alone or in combination with other information. PII includes, without limitation:
    1. your first and last name;
    2. your telephone number;
    3. your date of birth;
    4. your email address;
    5. your Social Security number;
    6. your Driver’s License or Passport number;
    7. your height, weight, and other physical characteristics;
    8. your Internet browsing or search history;
    9. geolocation information;
    10. your employment history;
    11. certain audio, electronic, visual, thermal, olfactory, or similar information;
    12. biometric data (such as fingerprints); or
    13. purchase records for products or services, including purchasing or consuming histories or tendencies. In some jurisdictions, it also includes information that is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular household, such as a physical address, an Internet Protocol address, or property records.
  4. Processing: Any operation or set of operations that are performed on PII or on sets of personal data, whether by automated or other means.
  5. Pseudonymized Information: PII Processed in such a manner that it is no longer attributable to a specific individual without the use of additional information, provided that said additional information is kept separately and is subject to technical and organizational measures to ensure that it is not attributed to an identified or identifiable individual.
  6. Selling or Sale of PII: For purposes of this Privacy Notice, selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
  7. Services: And includes, without limitation, the www.thespatialweb.org website, The Spatial Web Foundation’s proprietary “Spatial Web” Protocol, any applications (or “apps”) that interface or utilize the Spatial Web Protocol, and any systems or technology resources constituting the Spatial Web Foundation network, such as routers, databases, servers, and wired or wireless data connections.

Scope

This Privacy Notice applies to:

  1. individuals that provide their own PII to us, and
  2. any agent that lawfully provides PII for other individuals or on their behalf.

Categories of PII Collected

  1. PII submitted to us: PII that you provide to us.
  2. PII supplied by a third party: This may include PII given for identity verification purposes or to process a request or an application submitted to us.
  3. Financial information: This may include financial account information or financial transaction information when participating in any of our Services where such information is necessary to provide such Services.
  4. Automatically logged usage information: The Services may also record information sent by your browser, application, or device when accessing and using the Services or the Internet generally. This information may include your browser type, your Internet Service Provider (“ISP”), a date/time stamp, what page(s) you viewed, what operating system your device uses, certain user preferences information (e.g., Do Not Track preferences), and other similar information.
  5. Cookies and other tracking technologies: Cookies and other user tracking technologies devices may be stored on your computer when using the Services. You acknowledge the use of such tracking devices and consent to having such tracking devices stored on your computing devices. If you cannot provide such consent, you should refrain from using any of our Services.

Use of PII

We will use PII only for fair, lawful, and legitimate purposes, including to:

  1. provide any information or Services you request;
  2. improve Service performance, quality, or reliability;
  3. perform information analysis, compliance audits, and data metrics where needed;
  4. protect the Services and/or integrity of any of our systems or resources;
  5. review or respond to any questions, comments, inquiries, feedback that you submit to us, including those concerning our Services or those provided by affiliates;
  6. administer participation or registration in any of our Services, including sending electronic communications related to such participation or registration;
  7. process payments and fulfill a transaction between us and any user, if said user submits payment information in connection with any of our services or programs;
  8. perform relevant contractual obligations with you and/or any appropriate third party;
  9. provide updates and other information regarding our Services;
  10. conduct routine accounting and financial tasks;
  11. comply with applicable laws, rules, regulations, court orders, and law enforcement requests;
  12. audit our systems, processes, and procedures to ensure proper operation;
  13. protect against imminent harm to our rights, property, or the safety of our users or the public as required or permitted by law;
  14. provide marketing information concerning news, updates, and other information regarding our Services, where doing so is in compliance with applicable law, including without limitation the CAN-Spam Act of 2003.

We will not use PII for any other purpose other than as set forth in this Privacy Notice. However, we may use Deidentified or Pseudonymized Information in the same manner and for the same purposes as PII, at our sole discretion and without additional notice to you.

Selling PII

The Spatial Web Foundation does not sell PII. However, we may, from time to time, share PII with some affiliates that are wholly owned by, or under common control of, The Spatial Web Foundation, in accordance with the restrictions outlined in this Privacy Notice. We may also share PII with Service Providers to perform specific tasks that you request from us or for other reasons similar to those described in the previous section. Our policies require that any parties receiving PII from us agree to handle it in compliance with appropriate confidentiality obligations and security measures. Service providers are also bound by written, signed agreements restricting any use/disclosure beyond the specific context justifying the original disclosure. The Spatial Web Foundation will, upon written request, provide you with information about affiliates and/or service providers that we have shared your PII with, including but not limited to a list of the categories of PII and the purpose(s) for doing so.

Information Security and Integrity

The Spatial Web Foundation uses commercially reasonable industry standard safeguards (which may include physical, procedural, and technical measures) to protect against the unauthorized disclosure of PII it collects and holds. We take such steps to ensure that PII collected is complete and relevant for its intended use. However, due to the open communication nature of the Internet generally, we cannot and do not represent, warrant, or guarantee that any information stored on our servers will be free from unauthorized access, loss, misuse, disclosure, alteration, or destruction. While we will take reasonable and appropriate security measures to protect against such unauthorized access, loss, misuse, disclosure, alteration, or destruction, The Spatial Web Foundation disclaims any and all liability for same to the maximum extent permitted by applicable law.

Third-Party Sites

Please be advised that one or more Services may link to or interface with other third-party websites, social media applications including Twitter, Facebook, and LinkedIn, or other online resources. These are subject to the specific privacy policies of their respective proprietors, and The Spatial Web Foundation is not responsible for the privacy practices of such linked third-party sites or resources, or of their proprietors.

Retention

We will retain certain PII stored on our servers in accordance with our general archival practices and as required or permitted by law. We will store PII only for as long as is required to fulfill the purposes set out above. However, where we are required by law to retain a PII longer or where PII is required for us to assert or defend against legal claims, we will retain the said PII until the end of the relevant retention period or until the claims have been resolved.

European Residents

By using our Services or providing us with your PII electronically, you are directly transferring PII to us in the United States. While United States law is not subject to a European Commission Adequacy Decision, we ensure an adequate level of protection of European Union data subjects’ rights by adopting the Standard Contractual Clauses (according to EU Commission Decision 2021/914/EU) or other applicable data transfer arrangements where such mechanisms are available to us.

Under European Union data protection law, you may have the right to:

  1. request access to your PII;
  2. request correction of your PII;
  3. request deletion/erasure of your PII;
  4. object to Processing of your PII;
  5. request restriction of Processing your PII;
  6. request transfer of your PII; and
  7. withdraw your consent.

You may exercise any of these rights or learn more about the Processing of your PII by sending an email explaining your desired request(s) to privacy@thespatialweb.org and referencing “EU Privacy Rights” in the subject line. Please note that certain PII may be exempt from such requests pursuant to applicable law. If you believe that we have not complied with its obligations under this Privacy Notice or European Union law, you have the right to make a complaint to a European Union Data Protection Authority.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under Applicable Data Privacy Laws. If you believe that you have been subjected to any such discriminatory treatment by us, please email a detailed description of your concerns to privacy@thespatialweb.org.

California Residents

If you are a California resident, you have certain rights related to your PII under the California Consumer Privacy Act and California Privacy Rights Act (collectively, the “CCPA”). While The Spatial Web Foundation does not sell PII or share it for cross-context advertising, California residents may request certain disclosures from businesses that collect and/or use PII.

For more details about the PII we have collected over the last twelve (12) months, including the categories of sources, please see the Categories of PII Collected section above. We collect this information for the business and commercial purposes described in the Use of PII section above.

Subject to certain limitations and applicable law, a California resident has the right to:

  1. request access to their PII;
  2. request deletion of their PII;
  3. request correction of their PII;
  4. request opt-out of any “sales” and sharing of their PII; and
  5. not be discriminated against for exercising any of these rights.

You may exercise any of these rights by sending an email explaining your desired request(s) to privacy@thespatialweb.org and referencing “CALIFORNIA CCPA RIGHTS REQUEST” in the subject line. We may verify your request using the information we hold about you, including email address. You may also designate an authorized agent to make a request pursuant to the above rights by providing the authorized agent written permission to do so and by verifying your own identity with us directly.

Virginia Residents

If you are a Virginia resident, you have certain rights related to your PII under the Virginia Consumer Data Privacy Act (the “VCDPA”). While The Spatial Web Foundation does not sell PII or share it for cross-context advertising, Virginia residents may request certain disclosures from businesses that collect and/or use PII.

For more details about the PII we have collected over the last twelve (12) months, including the categories of sources, please see the Categories of PII Collected section above. We collect this information for the business and commercial purposes described in the Use of PII section above.

Subject to certain limitations and applicable law, a Virginia resident has the right to:

  1. know whether we Process their PII;
  2. request access to their PII;
  3. request deletion of their PII;
  4. obtain a copy of their PII; and
  5. request opt-out of any Processing of their PII for targeted advertising, personal data sales, or automated decision-making, including profiling, which has legal or other significant effects on them.

You may exercise any of these rights by sending an email explaining your desired request(s) to privacy@thespatialweb.org and referencing “VIRGINIA VCDPA RIGHTS REQUEST” in the subject line. We may verify your request using the information we hold about you, including email address.

If we refuse to honor any of these privacy requests outlined above, you may appeal our refusal by sending an email within a reasonable time requesting your appeal to privacy@thespatialweb.org and referencing “VIRGINIA VCDPA APPEAL REQUEST” in the subject line.

Minors

We do not knowingly collect or require PII from children under the age of 13. If you believe we have collected or used any PII of your child, aged 13 years of age or under, please notify us in writing by sending an email to: privacy@thespatialweb.org. If you are a minor between 14 and 16 years of age and reside in California, you may have certain “opt-out” and disclosure rights under California Law, as described in Section 9 above. Please drop us a line at privacy@thespatialweb.org to learn more about these rights and steps you can take to exercise them.

Revisions to our Privacy Notice

We reserve the right to change this Privacy Notice at any time. Any changes we make will be posted on this page prior to going into effect. While you are responsible for periodically monitoring and reviewing any updates to this Privacy Notice, your continued use of our Services after such amendments have been publicly disseminated on this page will be considered as your acknowledgment of and consent to said changes.

Questions

Should you have any questions or concerns about this Privacy Notice or any of our privacy practices, please drop us a line at: privacy@thespatialweb.org.