Last updated: June 12, 2018
OpenPOWER Foundation (“OpenPOWER,” “we,” “our,” or “us”) respects your privacy and is committed to protecting it in accordance with this policy.
This policy outlines the way in which we manage any personal data obtained through www.openpowerfoundation.org (the “Website”) or otherwise provided by or about individuals (“you”, “your”) in the course of you joining or receiving the services under our membership program, attending our events or subscribing to our mailing list (our “Services”).
This policy explains:
Please note that some of the provisions here will only apply if you are based in the EU.
The relevant sections of the policy are listed below:
By continuing to use the OpenPOWER Website and our Services, you agree to our use of your personal data on the terms outlined in this policy.
For the purposes of applicable data protection laws, the OpenPOWER Foundation with its registered address at 445 Hoes Lane Piscataway, NJ 08854 (“OpenPOWER”, “we”, “us” or “our”) is the controller of your data. This means that we are the primary entity who decides the purposes and means for dealing with your personal data.
Although we are headquartered in the US, OpenPOWER is a global membership organization operated through various Work Groups and the Technical Steering Committee which are run by our Members (“Members”). This means some of your personal data (primarily your member profile and the data you have provided) may be shared with the OpenPOWER community.
We collect several types of information from and about our Members, Website users, and email subscribers, including:
Personal data we collect directly from you:
Information received from other sources:
You may also provide information to be published or displayed (hereinafter, “posted“) on areas of the Website, our affiliate websites (including VTM Causeway platform and ISTO) (“Affiliate Partners”) and Social Media Platforms that are visible to other Website users, Members, or other participants in Work Groups that you participate in (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, although our Members are bound by confidentiality provisions, we cannot control the actions of our Members, Website users or Affiliate Partners with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
We will only use your personal data if we have a permitted lawful basis to do so. Generally we collect your personal data because is it necessary for:
We may also rely on your consent to use your personal data for:
You have the right to withdraw your consent to these activities at any time, which will mean (unless another lawful basis applies to your data) that we will cease to process the affected data after consent is withdrawn. However, please note this may result in us being unable to provide you with certain features of the Website and/or Services.
The primary purpose for which we collect information about you is to provide you with Services you have requested from us (i.e. to perform our contract with you). We also collect information about you for the following purposes:
To perform our contract with you
For our legitimate interests
To comply with our legal obligations
If you have consented to receive marketing messages about our goods and services, we will use your information to send you such messages by email. If you do not want us to use your information in this way, please check the relevant box available in proximity to when and where we collect your data. If you have previously consented, you may revoke your consent by adjusting your user preferences in your account profile or clicking on the “unsubscribe” link at the bottom of any marketing message. Please note that you may not opt out of receiving messages that are transactional in nature rather than marketing messages (e.g., messages regarding the status of your Membership and are service related)
We may disclose aggregated non-personal information about our Members and Website users. This is information that does not identify you or any individual.
As our contacts database is based and hosted in the US, any personal data you submit to us will be held here. Additionally, OpenPOWER members are based in multiple different countries and may be affiliated with multiple, cross-border Work Groups.
If you are based in the EU, this means your personal data may be transferred outside of the European Economic Area to another jurisdiction. Where this is the case and we are responsible for making such a transfer, we will ensure that these are made subject to appropriate safeguards as required by applicable data protection laws, to ensure that a similar degree of protection is afforded to your personal data. These will include the use of EU Commission approved standard contractual clauses or transfers of countries deemed to provide an adequate level of protection for personal data by the European Commission. You can obtain further information about the safeguards in place for your international transfers of personal data by contacting us https://openpowerfoundation.org/get-involved/contact-us/ .
We keep your data for as long as it’s necessary to meet the relevant purposes for which we’ve collected your data, including for the purpose of satisfying any legal, accounting or reporting requirements.
To determine the appropriate length of time for holding your data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm, from unauthorised use or disclosure of your personal data, the purpose for which we process your data and whether we can achieve those purposes through other means, along with the applicable legal requirements.
Details of retention periods for different aspects of your personal data will be available and can be requested from us by Contacting Us.
In some circumstances you can ask us to delete your data: see “Your rights in respect of your personal data” below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
The following section applies only if you are based in the EU.
In certain circumstances you have rights under data protection laws in relation to the personal data we hold about you. You can request to:
You can make all such requests via email to [email protected]
We will endeavour to respond to your requests within one month and free of charge. Please note that in respect of all these rights, we reserve the right to:
If we refuse your request to exercise these rights, we will give reasons for our refusal and allow you to challenge our decision.
If you have any concerns about how we handle your data, please contact us. If you are not satisfied after we’ve tried to resolve your issue, you’ll be entitled to lodge a complaint with the data protection regulator for your country of residence.
Security of your data
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
The Website may contain links to other websites not owned and operated by OpenPOWER, for example, Social Media Platforms and Affiliate Partner websites. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
If you have any queries relating to this privacy notice (including any requests to exercise your legal rights in respect of your data), you can contact us through the Contact Us page of our Website.