This GDPR Supplement to the Privacy Policy (the “GDPR Supplement”) of this website and/or any accompanying mobile applications and any materials presented therein (the "Service"), is hereby made effective as of 13th April 2020, by Unlisted Project Pty Ltd (“Unlisted” or “we” or “us” or “our”).
This GDPR Supplement is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of Such Data and Repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”).
This GDPR Supplement is directed to, and applies only to, citizens of the European Union, to whom Unlisted offers goods or services, or who access the Site and may be subject to monitoring or the collection of personal data by Unlisted (“you” or “your” or “EU User” or “EU Member”), as when you browse the Site, register for a membership, or use our goods or services or other materials available on or through the Site, you will be providing certain information to us that could be used to identify you, and we will learn, collect, use and share certain information about you for various purposes, as more fully set forth in the Privacy Policy and this GDRP Supplement.
1. Contact Information
If you have questions regarding the Privacy Policy or this GDPR Supplement, then you should contact support@unlisted.io.
Likewise, if you desire to exercise a right described Paragraphs 2 through 9, below, and your exercise of that right requires you to contact Unlisted, then you should contact support@unlisted.io.
2. Right to Access
You have a right to confirmation by Unlisted as to whether Unlisted is processing your personal data and, where that is the case, you have a right to access the following information:
• The purpose of the processing;
• The categories of personal data concerned;
• The recipients or categories of recipients to whom your personal data have been or will be disclosed;
• The envisaged period for which your personal data will be stored or the criteria used to determine that period;
• The existence of your right to rectification (discussed below);
• The existence of your right to erasure (discussed below);
• The existence of your right to restrict processing (discussed below);
• The existence of your right to object to processing (discussed below);
• The existence of your right to lodge a complaint with a supervisory authority (discussed below);
• Whether Unlisted uses your personal data for automated decision making and, where that is the case, the logic involved and the significance and envisaged consequences to you;
• Where Unlisted does not collect your personal data directly from you, the existence of your right to information regarding Unlisted’s source of your personal data; and
• Where Unlisted intends to transfer your personal data to a third country or international organization, the existence of your right to be informed of the appropriate safeguards used in connection with the transfer.
Your right to access includes the right to obtain a copy of the personal data Unlisted is processing. In compliance with the GDPR, Unlisted will provide one such copy for free, but Unlisted may charge a reasonable fee for any additional copies.
3. Right to Rectification
You have a right to obtain from Unlisted the rectification of inaccurate personal data concerning you. Additionally, considering the purposes for which Unlisted is processing your personal data, you have a right to obtain from Unlisted the completion of incomplete personal data concerning you.
4. Right of Erasure
A. General Rule
You have a right of erasure to obtain from Unlisted the erasure of your personal data based on any of the following grounds:
• your personal data is no longer necessary in connection with the purposes for which Unlisted collected or otherwise processed your personal data (subject to the exceptions described in Paragraph 4(B), below);
• Unlisted collected or otherwise processed your personal data on the basis of your consent and you have since withdrawn your consent (subject to the exceptions described in Paragraph 4(B) “Exceptions”, below);
• you have exercised your right to object to processing (discussed below) and there are no overriding legitimate grounds for Unlisted to continue processing your personal data;
• Unlisted has unlawfully processed your personal data;
• compliance with a legal obligation imposed by the EU or the law of any “member state” of the EU (a “Member State”), to which Unlisted is subject, requires the erasure of your personal data; or
• Unlisted has collected your personal data in relation to the offer of information society services, i.e., an offer for a service normally provided for remuneration, at a distance (the parties are not simultaneously present), by electronic means, and at the individual request of the recipient of the service.
B. Exceptions
Your right to erasure described in Paragraph 4(A), above, does not apply where Unlisted’s processing of your personal data is necessary for:
• exercising the right of freedom of expression and information;
• complying with a legal obligation imposed by the EU or any Member State to which Unlisted is subject or for carrying out a task in the public interest; or
• establishing, exercising, or defending legal claims
5. Right to Restrict Processing
You have a right to restrict Unlisted’s processing of your personal data if any of the following applies:
• you contest the accuracy of your personal data Unlisted is processing, (for a period sufficient to enable Unlisted to verify its accuracy);
• Unlisted’s processing of your personal data is unlawful but you object to the erasure of your personal data;
• your personal data is no longer necessary in connection with the purposes for which Unlisted collected or otherwise processed your personal data, but you require your personal data for the establishment, exercise, or defense of legal claims; or
• you have exercised your right to object to processing (discussed below), (pending verification that Unlisted has overriding legitimate grounds to process your personal data).
If you exercise your right to restrict processing, and if your exercise of said right is valid, then Unlisted can store your personal data but cannot otherwise process your personal data without your consent, unless otherwise processing your personal data is necessary for the establishment, exercise, or defense of legal claims, the protection of the rights of another natural or legal person, or for reasons of important public interest of the EU or a Member State.
6. Right to Object
A. Right to Object to Processing Based on Your Particular Situation
Where Unlisted’s processing of your personal information is necessary for the performance of a task carried out in the public interest or for legitimate interests pursued by Unlisted, you nevertheless have a right to object to Unlisted’s processing of your personal information on grounds relating to your particular situation. If you exercise your right to object to processing described in this Paragraph 6(A), Unlisted cannot process your personal data unless Unlisted demonstrates that it has overriding legitimate grounds to process your personal data.
B. Right to Object to Processing for Direct Marketing Purposes
You have a right to object to Unlisted’s processing of your personal information for direct marketing purposes. If you exercise your right to object to processing described in this Paragraph 6(B), Unlisted cannot process your personal information for direct marketing purposes.
7. Right to Data Portability
Where Unlisted’s processing of your personal data is based on your consent or is necessary for the performance of a contract to which you are a party or is necessary to take steps requested by you prior to entering into a contract, and where Unlisted’s processing of your personal data is carried out by automated means, you have a right to data portability. This means that you have a right to receive from Unlisted a copy of the personal data you provided to Unlisted in a structured, commonly used, and machine-readable format. Additionally, this means that you have a right to require Unlisted to transmit directly to a third party the personal data you provided to Unlisted, provided that such transmission is technically feasible and provided further that such third party is a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of processing personal data.
8. Right to Withdraw Consent to Processing
Where Unlisted’s processing of your personal data is based on your consent, you have a right to withdraw consent. However, your withdrawal of consent will not affect the lawfulness of Unlisted’s processing of your personal data prior to your withdrawal of consent.
9. Right to Lodge a Complaint with a Supervisory Authority
If you think that Unlisted’s processing of your personal data is unlawful or otherwise improper, you have a right to lodge a complaint with a Supervisory Authority. A “Supervisory Authority” is an independent public authority established by a Member State pursuant to Article 51 of the GDPR. You should contact the Supervisory Authority established by the Member State of which you are a citizen. If you cannot identify that Supervisory Authority, then you may contact Unlisted using the contact information provided in Paragraph 1, above. Unlisted will exercise its best efforts to assist you in identifying that Supervisory Authority.
10. Intention to Transmit Your Date to a Third Country
The personal data collected by Unlisted is transmitted over the internet. Unlisted employs several safeguards to protect the transmission of your personal data. These safeguards include encryption of certain data and other commercially reasonable measures and practices. If you desire more information regarding these safeguards, then you should contact Unlisted using the contact information provided in Paragraph 1.
Unlisted has not secured an Agency Decision from the European Commission that the safeguards it employs are adequate to protect your personal data.
