The Diem Association Privacy Policy (“Privacy Policy”) applies to the processing of personal data by the Diem Association and its subsidiaries (the “Association,” “we,” “us,” “our”). This Privacy Policy describes our practices for handling your personal data collected in connection with our Association and business development, recruitment, and other processing activities. It does not apply to personal data collected through the website at www.diem.com (the “Site”), which is governed by our website policy or the personal data collected by Diem Networks US, Inc. in connection with the Diem Payment Network or the Diem blockchain.

The Association only processes your personal data in accordance with applicable data protection legislation, in particular, the Swiss Federal Act on Data Protection (SR 235.1) and the Ordinance thereto (SR 235.11), and, if applicable, the European Union General Data Protection Regulation 2016/679. This Privacy Policy does not cover any personal data you may provide when using a product or service that may be offered by either the Association or any third parties.

Diem Association, Quai de l’Ile 13, 1204 Geneva (UID No.: CHE-329.081.073), is responsible for your personal data provided to us or collected by us during the course of our business.

Collection of Personal Data

General

We collect information that you directly provide to us. We may also receive or collect further personal data from third parties such as your organization or other organizations that you have dealings with, regulators, government agencies, and courts. We may also collect personal data from publicly available sources.

Business Development

When you interact with us as a representative of a Diem Association Member or prospective Member, a business counterparty or prospective counterparty, for business purposes, the Association may, for example, collect, receive, or store the following personal data:

• your name, employer’s name, address, telephone number, and email.

Recruitment

If you apply for a job with the Association or provide us with information in connection with a recruiting event, you may need to provide the personal data described below, in addition to other potential categories of personal data. By applying for a position or participating in a recruiting event, you expressly consent to our use of this personal data. We may use this personal data to consider your application and to carry out checks to verify the personal data you provided. We may, for example, collect, receive, or store the following personal data from you:

• your name, employer’s name, address, telephone number, email address, references, background, information included in identification documentation, education history information, excerpts from the debt collection register, and criminal record checks. Where we need to collect personal data required to process your employment application, and you fail to provide that personal data when requested, we may not be able to further consider your application.

Other Contacts

We collect and process personal data about you if you contact us, if you offer or provide products or services to us, if we evaluate your products or services, and generally when you request information from us or provide information to us.

Development Activities

We allow for contributions to the open source development of the blockchain technology on which the DPN or Diem blockchain is constructed (“Open Source Projects”). This development may occur on sites that we control or on sites hosted by GitHub. We may collect information you contribute as a contributor (“Contributor”) such as your name, email address, age, gender and location and other information you may provide in making contributions. We use this information for purposes of monitoring or managing the Open Source Project and communicating with contributors. Contributions made to the GitHub site are subject to the privacy policy at GitHub, found here.

How We Use Personal Data

Personal data collected from you or from third parties and publicly available sources are used:

• to maintain and develop our business relationship with you;
• to manage the development of the DPN and Diem Blockchain;to fulfill contractual duties and rights agreed upon with you;
• to pursue certain business development initiatives;
• to send you publications and marketing communications;
• to invite you to events;
• to comply with applicable legal or regulatory obligations;
• to evaluate your eligibility for an open job position with us that you apply to; and
• to the extent it is not possible to use anonymized, encrypted, coded, or aggregated personal data, to develop and test our products and services.

In general, we do not use automated individual decision-making in any of our data processes. If we should rely on such processing in a particular situation, we will inform you separately, insofar as we are legally required to do so.

How We Share Personal Data

We may share your personal data with certain third parties as set forth below:

• Authorized third-party vendors and service providers. We may share your personal data with third-party vendors and service providers who support us and the provision of our services and products by providing technical and other infrastructure services, business analytics, accounting and payroll services, and other services that require data processing, such as TMF Group.
• Members. We may share your personal data with the Association’s Member organizations (“Members”). You may find more information about the Members here.
• Other Open Source Contributors. Information you may provide in connection with an Open Source Project may be viewable by other Contributors to that project.
• Affiliates. We may share your personal data with other departments, affiliated organizations, and companies or subsidiaries as necessary to fulfill our contractual and legal obligations.
• Legal and safety purposes. We may disclose your personal data to respond to subpoenas, court orders, legal processes, law enforcement requests, legal claims or government inquiries, to detect fraud, and to protect and defend the rights, interests, safety, and security of the website, our affiliates, users, or the public.
• Business transfers. We may share your personal data in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
• With your consent. We may share your personal data for any other purposes disclosed to you at the time we collect the personal data and pursuant to your prior consent.

Our Legal Bases For Processing Personal Data

We rely on a variety of legal bases to process your personal data for the above purposes, including:

• as necessary to uphold the Association’s Articles of Association and fulfill the purpose of the Association;
• as necessary for the performance of a contractual relationship with you or the organization you work for;
• consistent with your consent, which you can withdraw at any time;
  as necessary to comply with our legal obligations;
• and as necessary for our (or others’) legitimate interests, including our interests in providing an innovative personalized, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights or freedoms that require protection of personal data.

You may withdraw consent at any time by emailing us at privacy@diem.com. Such withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

How You Exercise Your Rights

Under applicable laws, you have the right to access, rectify, port, and erase your personal data, as well as the right to restrict and object to certain processing of your personal data. This includes:

• the right to object to our processing of your personal data for direct marketing, which you can exercise by contacting us;
• the right to object to our processing of your personal data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party;
• where we rely on your consent to process personal data, the right to withdraw your consent at any time; and
• the right to have us delete your personal data.

To the extent required by applicable data protection law, you may exercise any of your rights at any time by contacting us at privacy@diem.com.

You also have the right to lodge a complaint with or notify your local supervisory authority. In Switzerland, the local supervisory authority is the Federal Data Protection and Information Commissioner.

Data Security

We have implemented appropriate security measures to hold your personal data securely in electronic and physical form, to protect it from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction, or accidental loss.

Data Retention

We generally retain your personal data until it is no longer necessary to serve the purposes for which it was collected (e.g., for the duration of our business relationship or recruiting process, for the period required to comply with statutory or regulatory retention duties, or for as long as we have a legitimate interest in retaining the personal data unless such interest is overridden by your interests or fundamental rights or freedoms that require protection of personal data). This is a case-by-case determination that depends on factors such as the categories of the personal data, nature of the personal data, why it is collected and processed, and relevant legal or operational retention needs. Please note that certain contributions to a Open Source Project may be retained indefinitely due to the subject to immutable nature of the Diem Blockchain and the structure of such Open Source Projects.

In certain circumstances, we may need to retain your personal data for a longer period of time, for example, in the context of an ongoing or potential litigation or as required by supervisory authorities or law. Your personal data will not be kept for more than five (5) years from the dissolution of the Association unless specifically required by law.

Data Transfers

We utilize standard contract clauses approved by the European Commission (i.e., EU Model Clauses) and rely on the Federal Data Protection and Information Commissioner and the European Commission’s adequacy decisions about certain countries, as applicable, for transfers of your personal data from Switzerland and the European Economic Area to the United States and other countries.

Nevada Residents

We do not sell personal information of Nevada residents, but if you wish to opt out of any sale or review and request changes to your personal information, please email privacy@diem.com. The categories of personal information we may collect from Nevada residents is described in the Section entitled “Collection of Personal Data.” We may request additional information from you to verify the request before responding.

California Consumer Privacy Act Disclosures

If you are a resident of the State of California (“Californian Consumer”) the California Consumer Privacy Act of 2018 (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal information. We will not discriminate against any Californian Consumer that chooses to exercise any of their rights under the CCPA.

The following disclosures relate to what personal information we have collected in the 12 months prior to the effective date of this policy (the “CCPA Period”):

Categories	Source	Disclosures	Commercial or Business Purpose
Identifiers	Members, Contributors to Open Source Projects, and Job Applicants	Service Providers; Member identifiers may be shared with other Members; Contributor information may be viewable by other contributors	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, respond to inquiries, and monitor the source of contributions to Open Source Projects
Categories of personal information described in subdivision (e) of Section 1798.80.	Members, Contributors to Open Source Projects and Job Applicants	Service Providers; Member information may be shared with other Members; Contributor information provided by Contributors to Open Source Projects may be viewable by other Contributors	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, and respond to inquiries
Protected Classifications	Members, and Job Applicants	Service Providers: None	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, and respond to inquiries
Professional and Employment Information	Members, Contributors to Open Source Projects and Job Applicants	Service Providers; Member and employee credentials may be shared other Members; Contributor information if provided to the Open Source Projects may be viewable by other Contributors	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, respond to inquiries and monitor the source of contributions to Open Source Projects
Geolocation	Contributors to Open Source Projects	Service Providers; Contributor information if provided to the Open Source Projects may be viewable by other Contributors	To monitor the source of contributions to Open Source Projects

Sale of personal information

We do not anticipate selling the personal information of any Californian Consumer to third parties during the CCPA Period. However, if you wish to opt-out of the sale of personal information, please email us at privacy@diem.com.

No Collection of Personal Information from Children under 16

We do not anticipate collecting personal information from children under 16.

Right to Request Access to or Deletion of Personal Information

As a Californian Consumer, you may have the right under the CCPA to request information about the categories and specific types of personal information collected by us; the categories of personal information shared or sold by us or disclosed by us for a business purpose; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we have shared your personal information. As noted above, however, we do not anticipate selling personal information.

In addition, subject to certain exceptions, you can request the deletion of your personal information.

We also may not be able to process personal information requests from Californian Consumers in certain instances, such as

1. due to the existence of a legal obligation;
2. to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. in order to complete a transaction for which such personal information was collected; and
4. any other basis for denying a request as provided in the CCPA.

Subject to the foregoing, if you are a Californian Consumer and wish to exercise any of your rights, you must submit a request, which can be submitted by emailing us at privacy@diem.com. Please be aware that we do not accept or process requests through other means (e.g., via social media). We may verify such a request by asking for information sufficient to confirm your identity, such as your name, email address, and information about how you interacted with us. If you are a Californian Consumer and used an authorized agent to exercise your rights, we may ask you to provide evidence that you have provided such an agent with power of attorney or that the agent has valid written authority to make these requests on your behalf.

Contact Information
Diem Association
Quai de l’Ile, 13
1204 Geneva
SWITZERLAND

CHANGES

We may update and change this Privacy Policy from time to time as permitted by applicable law, including to reflect changes in the law or our information collection practices. Changes to this Privacy Policy will be brought to your knowledge by appropriate means, including by posting on this website.

Last updated December 14, 2021

This website (“Website”) is owned and operated by the Diem Association (the “Association”) and Diem Networks US, Inc. (“Diem Networks”). The Diem Association Website Privacy Policy (“Website Privacy Policy”) applies to the processing of personal data by the Diem Association and Diem Networks, and their affiliates (collectively “Diem,” “we,” “us,” “our”). This Website Privacy Policy describes our practices for handling your personal data collected in connection with your use of this Website. The Association and to the extent applicable, Diem Networks only process your personal data in accordance with applicable data protection legislation, in particular, the Swiss Federal Act on Data Protection (SR 235.1) and the Ordinance thereto (SR 235.11) and, if applicable, the European Union General Data Protection Regulation 2016/679.

This Website Privacy Policy does not cover any personal data you may provide when using a product or service that may be offered by either Diem or any third parties. For example, it does not apply to personal data collected by Diem Networks in connection with the Diem Payment Network or the Diem blockchain, This Website Privacy Policy also does not apply to personal data that is collected in connection with any open source development of the blockchain technology on which the DPN or Diem blockchain is constructed. The privacy policies applicable to such development are set forth in the Diem Association Privacy Policy or the privacy policy at GitHub, found here.

Diem Association, Quai de l’Ile 13, 1204 Geneva (UID No.: CHE-329.081.073) and Diem Networks are responsible for your personal data provided to us or collected by us during your use of our Website.

Collection of Personal Data

Information you provide directly to us

When you interact with us through our Website, such as by subscribing to our newsletter or contacting us via the Website, we may, for example, collect, receive, or store the following personal data:

• your name, title, and email address.

If you express interest in your organization joining the Association, we may also, for example, collect, receive, or store the following personal data:

• the name, revenue, website or location of the headquarters of your organization or the reasons your organization would like to join the Association.

Information we collect through your use of the Website

When you use the Website, we may, for example, automatically collect, receive, or store certain personal data, such as:

• your Internet Protocol (IP) address, demographic data (such as age group, gender, regional location and interests), mobile device identifier, browser type, operating system, Internet service provider, pages that you visit before and after using the Website, the date and time of your visit, information about the links you click and pages you view within the Website, and other standard server log information.

We may use cookies, pixel tags, and similar technologies to collect and store the information described above automatically. We obtain your consent prior to the use of any cookies other than for those cookies that are essential to enable you to use the Website and its features. As described in our Cookie Policy, we enable Google Analytics on our Website. Find more information here about how Google uses information from sites that use its services. More information on our use of cookies and changing your cookie preferences can be found in our Cookie Policy.

If you access third-party services, such as Facebook, Google, or Twitter, through the Website to share information and personal data about your experience on the Website with others, these services are outside our control. These third-party services may be able to collect information and personal data about you, including information about your activity on the Website, and they may notify your contacts on such third-party services about your use of the Website, in accordance with the respective privacy policies of such third-party services.

Personal data we collect from other third parties

We may also store, receive, or collect further personal data from third parties such as your organization or other organizations that you have dealings with, regulators, government agencies, and courts. We may also collect personal data from publicly available sources.

How We Use Personal Data

We use personal data collected from you or from third parties and publicly available sources to:

• help inform the design and implementation of the Website;
• operate and improve the functionality of the Website;
• maintain and develop our business relationship with you;
• fulfill contractual duties and rights agreed upon with you;
• pursue certain business development initiatives;
• send you publications and marketing communications;
• invite you to events; and
• comply with applicable legal or regulatory obligations.

In general, we do not use automated individual decision-making in any of our data processes. If we should rely on such processing in a particular situation, we will inform you separately, insofar as we are legally required to do so.

How We Share Personal Data

We may share your personal data with certain third parties as set forth below:

• Authorized third-party vendors and service providers. We may share your personal data with third-party vendors and service providers who support our Website, such as by providing technical infrastructure services, business analytics, and data processing.
• Members. We may share your personal data with the Association’s Member organizations (“Members”). You may find more information about the Members here.
• Legal and safety purposes. We may disclose your personal data to respond to subpoenas, court orders, legal processes, law enforcement requests, legal claims or government inquiries, to detect fraud, and to protect and defend the rights, interests, safety, and security of the Website, our affiliates, users, or the public.
• Business transfers. We may share your personal data in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
• With your consent. We may share your personal data for any other purposes disclosed to you at the time we collect the personal data and pursuant to your consent.

We do not share your personal data with third parties for their direct marketing purposes and we do not sell your personal data.

Our Legal Bases for Processing Personal Data

We rely on a variety of legal bases to process your personal data for the above purposes, including:

• as necessary to provide the services and ensure proper use of the Website;
• as necessary to uphold the Association’s Articles of Association and fulfill the purpose of the Association;
• as necessary for the performance of a contractual relationship with you or the organization you work for;
• consistent with your consent, which you can withdraw at any time;
• as necessary to comply with our legal obligations; and
• as necessary for our (or others’) legitimate interests, including our interests in providing an innovative personalized, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights or freedoms that require protection of personal data.

You may withdraw consent at any time. Such withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

How You Exercise Your Rights

Under applicable laws, you have the right to access, rectify, port, and erase your personal data, as well as the right to restrict and object to certain processing of your personal data. This includes:

• the right to object to our processing of your personal data for direct marketing, which you can exercise by contacting us;
• the right to object to our processing of your personal data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party;
• where we rely on your consent to process personal data, the right to withdraw your consent at any time; and
• the right to have us delete your personal data. We will delete all the personal data we have about you, such as personal data from cookies and personal data you have provided us.

To the extent required by applicable data protection law, you may exercise any of your rights at any time by contacting us at privacy@diem.com. California residents may have additional rights as set forth in the section entitled “California Consumer Privacy Act Disclosures” below.You also have the right to lodge a complaint with or notify your local supervisory authority. In Switzerland, the local supervisory authority is the Federal Data Protection and Information Commissioner.

Data Security

We have implemented appropriate security measures to hold your personal data securely in electronic and physical form to protect it from unauthorized access, improper use or disclosure, unauthorized modification, or unlawful destruction or accidental loss.

Data Retention

We generally retain your personal data until it is no longer necessary to serve the purposes for which it was collected, e.g., for the proper use and functionality of our Website, for the period required to comply with statutory or regulatory retention duties, or for as long as we have a legitimate interest in retaining the personal data unless such interest is overridden by your interests or fundamental rights or freedoms that require protection of personal data. This is a case-by-case determination that depends on factors such as the categories of the personal data, nature of the personal data, why it is collected and processed, and relevant legal or operational retention needs.

In certain circumstances, we may need to retain your personal data for a longer period of time, for example, in the context of an ongoing or potential litigation or as required by supervisory authorities or law. Your personal data will not be kept for more than five (5) years from the dissolution of the Association unless specifically required by law.

Data Transfers

Where required, we utilize standard contract clauses approved by the European Commission (i.e., EU Model Clauses) and rely on the Federal Data Protection and Information Commissioner and European Commission’s adequacy decisions about certain countries, as applicable, for transfers of your personal data from Switzerland and the European Economic Area to the United States and other countries.

Do Not Track Signals

Do Not Track (“DNT”) is an optional browser setting offered by various browsers that allows you to express your preferences regarding tracking by advertisers and other third parties. At present, there is no industry standard for recognizing DNT browser signals, so we do not respond to such DNT signals. We also do not place or allow third parties to place cookies on our Website to track users across different websites.

Nevada Residents
We do not sell personal information of Nevada residents, but if you wish to opt out of any sale or review and request changes to your personal information, please email privacy@diem.com. The categories of personal information we may collect from Nevada residents is described in the Section entitled “Collection of Personal Data.” We may request additional information from you to verify the request before responding.

California Consumer Privacy Act Disclosures
If you are a resident of the State of California (“Californian Consumer”) the California Consumer Privacy Act of 2018 (“CCPA”) requires us to disclose the following information with respect to our collection, use, and disclosure of personal information. We will not discriminate against any Californian Consumer that chooses to exercise any of their rights under the CCPA.

The following disclosures relate to what personal information we have collected in the 12 months prior to the effective date of this policy (the “CCPA Period”):

Categories	Source	Disclosures to Third Parties	Commercial or Business Purpose
Identifiers	Members and users of the Website and users of Developer Sites	Service providers; Member identifiers may be shared with other Members	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, to provide newsletters and other information, and respond to inquiries
Categories of personal information described in subdivision (e) of Section 1798.80.	Members and Users of the Website and users of Developer Sites	Service Providers; Member information may be shared with other Members	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, to provide newsletters and other information, and respond to inquiries
Protected Classifications	Members	None	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, and respond to inquiries
Professional and Employment Information	Members	Service Providers; Member qualifications may be shared with other Members	To maintain a business relationship with you, enter and perform contracts, comply with legal obligations, and respond to inquiries
Internet and other electronic activity	Users of the Website and Developer Sites	Service Providers; Analytics Providers	To manage and improve our Website and for security and fraud detection purposes

Sale of personal information

We do not sell the personal information of any Californian Consumer to third parties. However, if you wish to opt-out of the future sale of personal information, please email us at privacy@diem.com.

No Collection of Personal Information from Children under 16

We do not collect personal information from children under 16.

Right to Request Access to or Deletion of Personal Information

As a Californian Consumer, you may have the right under the CCPA to request information about the categories and specific types of personal information collected by us; the categories of personal information shared or sold by us or disclosed by us for a business purpose; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we have shared your personal information. As noted above, however, we do not sell your personal information.

In addition, subject to certain exceptions, you can request the deletion of your personal information.

We also may not be able to process personal information requests from Californian Consumers in certain instances, such as

1. due to the existence of a legal obligation;
2. to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
3. in order to complete a transaction for which such personal information was collected; and
4. any other basis for denying a request as provided in the CCPA.

Subject to the foregoing, if you are a Californian Consumer and wish to exercise any of your rights, you must submit a request, which can be submitted by emailing us at privacy@diem.com. Please be aware that we do not accept or process requests through other means (e.g., via social media). We may verify such a request by asking for information sufficient to confirm your identity, such as your name, email address, and information about how you interacted with us. If you are a Californian Consumer and used an authorized agent to exercise your rights, we may ask you to provide evidence that you have provided such an agent with power of attorney or that the agent has valid written authority to make these requests on your behalf.

Contact Information

Diem Association

Quai de l’Ile, 13
1204 Geneva
SWITZERLAND

Diem Networks US, Inc.
Regus/ 4th Floor East
2200 Pennsylvania Ave NW
Washington DC, 20037

Contact: privacy@diem.com

We may amend this Website Privacy Policy from time to time to ensure that you are fully informed about all processing activities and our compliance with applicable data protection legislation. Your use of the Website after posting or other notice of such amendments constitutes your acceptance of the amendments.

Changes to this Website Privacy Policy will be brought to your knowledge by appropriate means.

Last updated: December 14, 2021

Cookies

Our Website Privacy Policy explains our principles when it comes to the collection, processing, and storage of your personal data and information. The Diem Association Cookie Policy (“Cookie Policy”) specifically explains how we, our partners, and users of our services deploy cookies, web beacons, tracking pixels, and other tracking technologies when you visit our website, as well as the options you have to control and consent to the use of them.

What are cookies?

A cookie is a small piece of data, stored in text files that are stored on your browser or other device when websites are loaded in the browser. Cookies are used to “remember” you and your preferences when you visit the Website either for a single visit (through a “session cookie”) or for multiple repeat visits (called a “persistent cookie”).

We use cookies to ensure consistent and efficient experiences for participants in the Website. Cookies also perform functions like allowing participants to remain logged into the Website, if applicable. You can find more information about the types of cookies we use and the purposes for which we use them in the table below:

Type of Cookie	Purpose of Cookie
Strictly Necessary	These cookies are essential in order to enable you to use the Website and its features. The information collected by these cookies relate to the operation of the Website, for example, language detection, website scripting language and security tokens to maintain secure areas of our Website.
Performance and Analytics	These cookies collect anonymous information about how you use our Website, for example which pages you visit most often, whether you receive any error messages, and how you arrived at our Website. They are also used to track details like the number of unique visitors and pageviews to improve user experience. Information collected by these cookies is used only to improve your use of Website and never to identify you. These cookies are sometimes placed by trusted third-party providers, such as Google Analytics.
Functionality	These cookies remember choices you make, for example the country you visit our Website from and any changes you have made to text size or other parts of web pages that you can customize, in order to improve your experience of our Website and to make your visits more tailored and enjoyable. The information these cookies collect may be anonymized and cannot be used to track your browsing activity on other websites.
Third Party / Embedded Content	These cookies enhance the experience of Website users. These cookies allow you to share what you’ve been doing on our Website with social media organizations such as Facebook and Twitter. We have no control over the information collected by these cookies.

Which cookies are used and why?

The Website only automatically uses Strictly Necessary cookies to enable you to use the Website and its features and ensure the functionality of the Website.

Upon your consent, the Website uses performance and analytics, functionality, and third party or embedded content cookies for the purposes of providing relevant content, analyzing our traffic, and providing a variety of features to you. You may withdraw your consent to the use of certain cookies (other than Strictly Necessary cookies) any time.

What data do our cookies collect?

We use cookies in order to provide you with more purposeful information and enhance the experience of Website users. With cookies, we collect information when you access our Website, online application tool and marketing communications. We collect certain personal information through those cookies such as domain name, user settings (e.g. language preferences), your unique session ID, authentication data and the time of your login (time stamp) and other metadata.

How do I disable cookies?

Most internet browsers are automatically set up to accept cookies. If you want to change your cookie preferences or refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies.

Please note you may not be able to take advantage of all the features of our Website if you delete or disable certain cookies, such as the Performance cookies described above.

What third-party cookies / embedded cookies do we use?

Google Analytics

We use Google Analytics, a web analytics service provided by Google Inc. (Google) to ensure the continuous optimization of our Website and to record and evaluate the use of our Website in order to operate and improve its functionality. Google Analytics uses cookies to analyze how you use the website. The information generated by the cookie about your use of the Website is usually transmitted to and stored on a Google server in the USA. We only use Google Analytics with activated IP anonymization. This means that your IP address will be shortened in Switzerland, the European Union and the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. Google will use this information on our behalf to evaluate your use of the Website in order to provide us with reports on the activities of users on the Website and to provide other services related to the use of the Website and internet usage. Furthermore, Google will transfer this information to third parties if required by law or if third parties process this data on behalf of Google. The IP address provided by your browser will not be merged with Google’s other data. Find more information about how Google uses information from sites that use its services here.

Web Beacons

We, or our third-party partners, may employ a software technology called web beacons (also known as web bugs, clear gifs or pixels) which helps us understand what content is effective, for example by counting the number of users who have visited these pages, and to understand usage patterns. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to let us know when content is viewed. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded on web pages, ads, and e-mail. We, or our third-party partners, may tie the information gathered by web beacons to the other information we collect about you.

Changes to the Cookie Policy and Contact

We may amend this Cookie Policy from time to time to ensure that you are fully informed about the use of cookies on our Website and our compliance with applicable data protection legislation.

Changes to this Cookie Policy will be brought to your knowledge by appropriate means.

If you have any questions or concerns with regard to how we use cookies on our Website you can contact us by email to privacy@diem.com or by post:

Diem Association

Quai de l’Ile, 13
1204 Geneva
SWITZERLAND

Last updated: December 18, 2020

These Terms of Use (“Terms”) govern the use of the Diem Association website and any other website or online service that links to these Terms (collectively, the “Website”). These terms constitute an agreement between you and the Diem Association, so it is important that you review them carefully.

Content

The Website is available only for your personal and informational purposes. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of the information and other materials made available through the Website. The Website is not liable for any decisions you may make in reliance of this content.

Your Commitments

We provide these services to you and others. We ask that you make the following commitments:

• Not use the Website if you are under 13 years old (or the minimum legal age in your country).
• You are not prohibited from receiving our products, services, or software under applicable laws.

Prohibited Conduct

You may not access or use, or attempt to access or use, the Website to take any action that could harm us or any third party, interfere with the operation of the Website, or use the Website in a manner that violates any laws. For example, and without limitation, you may not:

• Share anything that breaches these Terms or other applicable terms;
• Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our products;
• Access or collect data from our products using automated means (without our prior permission) or attempt to access data you do not have permission to access; and
• Engage in any conduct that restricts or inhibits any person from using or enjoying the Website or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in liability. We may suspend or terminate your access to the Website for any reason at any time without notice.

Limitation of Liabilities

The Website is provided for informational purposes only and “as is” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Website or any third-party sites linked to or from the Website, or that the functions provided will be uninterrupted, virus, or error-free. We expressly disclaim any liability for any errors or omissions in the content included in the Website or any third-party sites linked to or from the Website. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

In no event will we, or our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any direct or indirect, special, incidental, consequential or punitive damages, lost profits, or other damages whatsoever arising in connection with the use of the Website. Any interruption in availability of the Website, delay in operation or transmission, computer virus, loss of data, or use, misuse, reliance, review, manipulation, or other utilization in any manner whatsoever of the Website or the data collected through the Website, even if one or more of them has been advised of the possibility of such damages or loss.

Indemnification

You agree to indemnify, defend, and hold us and our owner, subsidiaries, affiliates, directors, officers, employees, agents, and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages, and liabilities related to or associated with your use of the Website and any alleged violation by you of these Terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

Disputes

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute that you have against us, which arises out of or relates to these Terms, and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in Switzerland and that Swiss law will govern these Terms and any claim, without regard to conflict of law provisions.