OpenGemini ("openGemini", "we", "our" and "us") understands how important your privacy is to you and fully respects it. Please carefully read this Privacy Statement ("Statement"). This Statement applies to https://www.opengemini.org ("Website"), and use of all our products and services that contain or refer to this Statement (collectively “Services”). 

This Statement does not apply to Your Content that we process, store or host as a provider of OpenGemini, on behalf of our customers as their data processor, based on OpenGemini Data Processing Addendum. Your Content is defined in the agreement you concluded with OpenGemini, and it covers all data (including personal data) that you entrust to OpenGemini.  Our materials, data and information do not form part of Your Content.

This Statement describes how we collect, use and disclose your personal data, as well as our legal bases for processing, and the security measures implemented by us to protect your personal data. It also demonstrates your rights in connection with your personal data, and other related details you need to know. We may inform you of product or service-specific data collection and use which is not reflected in this Statement through supplementary policies or notices provided before the relevant collection of your personal data. 

We have created this Statement to help you understand:

How OpenGemini Collects Your Personal Data
How OpenGemini Processes Your Personal Data
How OpenGemini Uses Cookie and Similar Technologies
How OpenGemini Shares Your Personal Data
How OpenGemini Protects Your Personal Data
How Long OpenGemini Retains Your Personal Data
How to Access and Control Your Personal Data
How OpenGemini Handles the Personal Data of Children
How Your Personal Data Is Transferred Internationally
How This Statement Is Updated
How to Contact OpenGemini

1. How OpenGemini Collects Your Personal Data

Personal data means any information relating to an identified or identifiable natural person, directly or indirectly, including information that can identify an individual when taken in combination with other information to which we have or are likely to have access. 
We collect personal data from you in the course of your interaction with us or our Services, for various purposes, such as providing you (or the entity you represent or work for) with the Services and maintaining the best operation of the Services. Your interaction with us may include: 
        •    subscribing to the Services, 
        •    browsing our Website.
If you provide us with any personal data relating to a third party (e.g. information of your employees, officers, agents, representatives and/or end users), by submitting such information to us, you represent and warrant to us that you have notified such third party of the terms of this Statement and that you have an appropriate legal basis to disclose such data to us, including consent of the third party where appropriate, and we may further use such personal data as described in this Statement.

We generally do not require your personal data if you only browse the general content of the Community. We will collect your personal data accordingly in the following circumstances:

a)      Mail Subscription. When you use our mail subscription service, we will collect your email address and name (optional). We will provide you with the email subscription service through this email address to facilitate your participation in discussions in the Community.

b)      Service Optimization. For the purpose of operating the Community and providing better services, we will deploy a trusted third-party plugin to collect information from your browser, computer, and mobile device, including but not limited to your IP address, access source, number of visits to the Community, stay duration, access timestamp, browser type, and server type and version, etc. We do this to help us improve the overall accuracy of information and better tailor our interactions with you.

We generally do not require your personal data if you only browse the general content of the Community. Depending on your use of the Services, we collect the following personal data:

a)      Personal data provided when you use our mail subscription service, we will collect your email address and name (optional). 
b)      Personal data obtained and collected automatically by us when you access and use the Services, such as your browser history, access date and time, browser information (including but not limited to fonts, types), your activities on the Website, hardware and software features, network link information (including but not limited IP address, port, network protocol), and other information about your use of the Services (such as service identification information and specifications, transaction information, billing information, O&M information).
c)      Personal data that we legally obtain from business partners or third parties. We may receive and collect personal data about you from publicly and commercially available sources as permitted by applicable laws and regulations.

Many of the Services require personal data to operate. If you choose not to provide the data required, you may not be able to use those Services. For example, if you do not subscribe to mail on our Website by submitting your personal data, you cannot be able to participate in the discussions in the community. In other cases, where providing personal data is optional, and you choose not to submit your personal data, you may be unable to use certain features of the Services, such as personalization. However, this will not affect your use of other features of the Services.

2. How OpenGemini Processes Your Personal Data

We process (which includes collecting, using and disclosing) your personal data for the following purposes:

a)      Information (such as materials on the Services, and white papers); delivering, activating, or verifying the Services; providing technical support. For example, for purposes of providing you with security services, we may need your IP address.
b)      Monitoring and enforcement of our agreement(s) with you, investigating any violation of the agreement(s) or any misuse of the Services. 
c)      Contacting you, and sending you notices related to the provision of the Services.
d)      Sending or displaying you information about the Services that may interest you; inviting you to participate in openGemini activities (including promotional activities), market surveys, or satisfaction surveys; or personalising our offer and communication; or sending you or displaying marketing information. If you do not want to receive such information through messages, please refer to paragraph 7(c) or use the subscription mechanism as specified in our correspondence with you if applicable.
e)      Improving the Services and understanding the operation status of the openGemini community through internal audits, data analysis, and research, your feedback, and suggestions.
f)       Complying with and enforcing applicable legal or regulatory requirements, for example, to meet our financial and record-keeping obligations, or industry standards.
g)      Any other purposes which we may separately notify you and obtain your prior consent for.

We may disclose your personal data to a third party for the following purposes:

a)      The disclosure is required in accordance with applicable laws and regulations.
b)      The disclosure is necessary to protect rights or property of openGemini, our customers, users and partners and/or the public. For example, we may disclose your personal data, when we believe disclosure is necessary or appropriate to prevent or defend cyber threat, fraud, physical harm, or financial loss, or when it is in connection with an investigation of suspected or actual illegal activity.
Please see “4. How OpenGemini Shares Your Personal Data” below for details on the third parties to whom we disclose your personal data.
We only disclose your personal data to the extent permitted by applicable laws and regulations, in accordance with this Statement, or in accordance with consent that you give us.

We process your personal information on one or more of the following legal bases:

a)      as necessary to enter into a contract with you or a legal entity you represent, or to perform our contractual obligations, e.g. to provide Services, to respond to requests from you, or to provide customer support;
b)      where processing is based on our legitimate interests and those of third parties as described in this Statement;
c)      when necessary to comply with applicable law and relevant legal obligations; 
d)      when you gave your consent.

3. How OpenGemini Uses Cookie and Similar Technologies

a)      To ensure our website works properly, we may at times place cookies on your computer or mobile device. A cookie is a small data file placed on your computer or mobile device used to access a website. The content of a cookie can be retrieved or read only by the server that creates the cookie. We use cookies and similar technologies for understanding how you interact with our websites, helping you efficiently browse pages, storing and honoring your preferences, improving your browsing experience, and fulfilling other legitimate purposes.

b)      We categorize cookies on our websites into one category:

​ Statistical analysis cookies: We collect information about your use of our services, including your single or multiple visits, which help us understand how you interact with the services. We use the statistical analysis plugin provided by Baidu.

Many services require cookies. If you do not allow cookies related to these services, you may not be able to use these services or specific functions of these services.

c)      Do Not Track. Many Web browsers provide the Do Not Track function, which sends Do Not Track requests to websites. Currently, major Internet standardization organizations have not established policies to specify how websites should handle these requests. If you enable Do Not Track or similar functions that your browser may provide, we will not change the way your data is collected and used as described in this Statement. However, we reserve the right to respond to your Do Not Track request and stop collecting your data without prior notice.

d)      Your Choice. Most browsers allow you to delete or reject cookies. To do this, follow the instructions in the browser settings. By default, many browsers accept cookies until you change your settings.

4. How OpenGemini Shares Your Personal Data

Sharing means providing third parties with personal data, where such third parties would handle the personal data independently of us or on our behalf. We do not share your personal data with third parties without your consent, except in the following circumstances or as described in this Statement:
a)      Third parties under your instruction. We may share your personal data with your consent and/or in accordance with your instructions.
b)      For compliance, fraud prevention and safety. We may share your personal data for compliance, fraud prevention and safety purposes.
c)      Affiliates. We may share your personal data with our affiliates, for purposes of transactions support, Services support or security support. Your information will be shared only for reasonable purposes and to the extent required by the Services.
d)      Partners. We may share your personal data with our partners or enable partners to collect information (including your personal data) directly via the Services, such as your billing information and account information, for the purpose of implementing our Services and/or other reasonable purposes. Our partners may include:

1)      Third-party providers, developers, platforms and social media networks, and business partners. Some Services may be provided directly by third-party providers, developers or platforms. In such cases, we need to provide them with the relevant transaction information. For example, if you purchase third parties’ service via Marketplace, we need to share your personal data with them to fulfil the transaction. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Website using your account with the third-party, providing your access token for the Services to a third-party, or otherwise linking your account to a third-party’s services), we may disclose the personal data that you authorized us to share for this purpose. If you connect your account with the business partners’ account, we need to disclose the necessary information to them in order to facilitate the Service. We do not control the third party’s use of your personal data.
2)      Service providers and professional advisors. We may share your personal data with third party companies and individuals that provide services on our behalf or help us operate the Website and the Services (such as supply, infrastructure, hosting, customer support, payment, analytics, delivery, marketing, and database management services). We share such data only for purposes consistent with this Statement or under your authorization. For example, we need to share your order information with logistic service providers in order to arrange delivery, and we need to share your financial information with payment service providers in order to confirm and proceed with your payment instructions.  We may disclose your personal data to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

When we share your personal data with third parties, their responsibilities and obligations will be governed by contracts and we will require them to take appropriate measures to ensure the safety of the personal data processed.

5. How OpenGemini Protects Your Personal Data

We take the security of your personal data seriously. We take appropriate physical, organizational, and technical measures to protect your personal data. For example, we use encryption to ensure data confidentiality; we use trusted protection mechanisms to prevent malicious data attacks; we deploy access control mechanisms to ensure that only authorized personnel can access your personal data; and we raise awareness among employees about the importance of protecting personal data through security and privacy protection training sessions. To this end, we take the following measures:
a)      We take reasonable and feasible measures to ensure that the personal data collected is minimal and relevant to what is necessary in relation to the purposes for which they are processed.
b)      We use a range of technologies such as cryptographic technologies to ensure the confidentiality of data in transmission. We implement trusted protection mechanisms to protect data and data storage servers from attacks.
c)      We deploy access control mechanisms to ensure that only authorized personnel can access your personal data. In addition, we control the number of authorized personnel and implement hierarchical permission management on them based on service requirements and personnel levels.
d)      We strictly select business partners and service providers and incorporate personal data protection requirements into commercial contracts, audits, and appraisal activities.
e)      We hold security and privacy protection training courses, tests, and publicity activities to raise employees' personal data protection awareness.

In a word, openGemini is committed to protecting your personal data. 
To cope with possible risks, such as personal data leakage, damage, and loss, openGemini has developed several mechanisms and control measures, clearly defined the rating standards of security incidents and vulnerabilities and corresponding processing procedures. OpenGemini has established a dedicated emergency response team to implement security planning, loss reduction, analysis, locating, and remediation, and to perform tracking operations with related departments based on security incident handling regulations and requirements.

6. How Long OpenGemini Retains Your Personal Data

We will retain your personal data for no longer than is necessary for the purposes set out in this Statement, unless otherwise required by laws or requested by you. The data storage period may vary depending on the processing purpose and the relevant Service.
We will maintain your account information as long as is necessary for us to provide the Services to you or to perform our obligations or exercise our rights under agreements related to the Services. You can choose to close your account. After you close your account, we will stop providing you with the Services and delete your relevant personal data within reasonable time, provided that we are not required to continue to process certain of your personal data by law, e.g. for accounting or bookkeeping purposes or to perform our obligations, or exercise our rights under agreements related to the Services.

7.    How to Access and Control Your Personal Data

You should provide us with correct personal data. We are dedicated to maintaining the accuracy and completeness of your personal data and keeping your personal data up-to-date based on the information you provide to us.
According to applicable laws and regulations of some countries and/or regions, data subjects may have rights to make requests (hereinafter referred to as “requests”) of in particular accessing, correcting, deleting or erasing the personal data retained by us.
You can easily amend and control the personal data we hold about you as follows:

a)      Cookies: Regarding the management of Cookies, please see "3. How OpenGemini Uses Cookie and Similar Technologies" above.

You may have the following rights regarding your personal data under applicable laws:

a)      the right to access the personal data we hold about you and obtain copies thereof;

b)      the right to request us to update or correct your personal data;

c)      the right to request us to erase your personal data;

d)      the right to object to our processing of your personal data;

e)      the right to restrict our processing of your personal data;

f)      the right to obtain the personal data you provided to us in a structured, commonly used and machine-readable format and to have us transfer it to a third party of your choice (data portability); and

g)      the right to lodge a complaint with the competent data protection authority.

Please note that these rights are not absolute and may be restricted in accordance with applicable laws. If you need our assistance to exercise the rights above, please contact us as set out in “11. How to Contact OpenGemini” below.

Generally, we will respond to you within one month, unless otherwise required by applicable laws. Depending on the complexity of your requests, we may extend the period by a further two months. In this case, we will inform you of the extension and its reasons within one month of receiving your request. Please note that under some circumstances, for example where we cannot verify your identity, we may need to request additional information in order to verify your identity, otherwise we are prohibited by law from giving effect to your request, or your request exceeds your rights under applicable laws, we may refuse your request. In this case, we will inform you that your request is refused together with the reasons for our refusal.
You can withdraw your consent, without affecting the lawfulness of the processing activities based on the consent and prior to such withdrawal. Your right to withdraw consent can be exercised by setting privacy options on your OpenGemini account, disabling related Services, unsubscribing via link sent in SMS/email. You may also seek help by contacting us as set out under “11. How to Contact OpenGemini”.

8.    How OpenGemini Handles Personal Data of Children

Our Services are only intended for adults. Minors are not allowed to create their own user account.

9.    How Your Personal Data Is Transferred Internationally

In order to provide the Services to you, we may store your personal data in countries/regions where openGemini or openGemini’s service providers or subcontractors are located. This means your personal data may be transferred to countries or regions outside the places where you are located or where we collect your personal data, and be accessed and stored in those jurisdictions.

10.    How This Statement Is Updated

We may update or modify this Statement from time to time according to changes in our Services or data processing. If we update this Statement, we will publish the latest version of the Statement on the Website or by otherwise notifying you. The modified terms will come into effect immediately upon posting or otherwise notified by us.You are encouraged to review this Statement periodically for any changes. We will always indicate the date the last changes were published. 

11.    How to Contact OpenGemini

If you want to contact us or exercise your rights, please contact us at community.ts@opengemini.org. You can also raise a concern or lodge a complaint with a data protection authority or other official with jurisdiction.

Last Updated: August 2022