Privacy Policy

1.1 User Agreement. This Privacy Policy is incorporated by reference into the User Agreement, which sets out the contractual terms on which you use the Services and the Sourcery Connect Platform. By using the Services, you acknowledge that you have read and understood this Privacy Policy.

1.2 Other Policies and Schedules. In addition to this Privacy Policy, use of the Services may be subject to additional policies, standards or schedules (“Policies”), including:

• Data Stewardship Policy (DSA)
• Transparent Trade Agreement
• Trade Representation Agreement, if applicable
• Solution-specific Policies (e.g., Transparent Trade™, Intelligent Impact™, Spot AI™, BlueSync™, Sourcery Exchange™, etc.)
• Partner Shareholder Agreement, if applicable
• Sourcery Governance and Bylaws, if applicable
• Social Compliance Guidelines
• Branding and Communications Guidelines

Some of these additional Policies are incorporated or referenced herein. In cases of direct conflict concerning the processing of Personal Data, this Privacy Policy prevails.

2.1 Interpretation. Words with an initial capital letter have the meanings defined below. The following definitions have the same meaning whether they appear in the singular or the plural.

2.2 Definitions. For the purposes of this Privacy Policy:

• Account means a unique account created for you to access the Services or parts of the Services.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Our Affiliates include HoldCo (Sourcery Group, Inc.).
• Application refers to the Sourcery Connect Platform, the software program provided by the Company.
• Business for the purpose of the CCPA/CPRA, refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of Consumers’ personal information, that does business in the State of California.
• CCPA and/or CPRA refers to the California Consumer Privacy Act (the “CCPA”) as amended by the California Privacy Rights Act of 2020 (the “CPRA”).
• Company (referred to as “the Company”, “Sourcery”, “we”, “us” or “our” in this Privacy Policy) refers to Sourcery Partners, LLC, an Oregon limited liability company and operating subsidiary of Sourcery Group, Inc., whose registered agent is located at 1300 SW 5th Avenue, Suite 3400, Portland, Oregon 97201, United States. For the purpose of the GDPR, the Company is the Data Controller.
• Consumer for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
• Country refers to Oregon, United States.
• Data Controller for the purposes of the GDPR, refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Services, such as a computer, a mobile phone or a digital tablet.
• Do Not Track (DNT) is a concept promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the internet industry to develop and implement a mechanism allowing internet users to control the tracking of their online activities across websites.
• GDPR refers to the EU General Data Protection Regulation.
• Impact Partners refers to approved third-party entities providing inspection, auditing, testing, scoring or verification services (including Assurance Partners) as defined in the User Agreement.
• Personal Data is any information that relates to an identified or identifiable individual.
  • For the purposes of the GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  • For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with you.
• Service refers to the Application, the Website, or both.
• Service Provider means any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals engaged by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Sourcery ID means the unique digital identity, Self-Sovereign Identity (SSID), issued to you on registration, as defined in the User Agreement.
• Trade Data / Customer Data means any commercial, transactional, chain-of-custody, impact or related information, documents or media that you submit to the Service, as defined in the User Agreement.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Sourcery, accessible from www.thesourcery.io.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under the GDPR, you can be referred to as the Data Subject or as the User, as you are the individual using the Service.

3.1 Types of Data Collected.

Personal Data. While using the Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Sourcery ID
• Usage Data

Usage Data. Usage Data is collected automatically when using the Service. Usage Data may include information such as your Device’s Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, unique device identifiers and other diagnostic data.

3.2 Data Stewardship and Trade Data. In accordance with our Data Stewardship Policy and the User Agreement, we recognise that you retain full ownership and control of your Trade Data. While we process this data to provide the Service, we do not claim ownership of the commercial or supply chain data you upload. Our use of Trade Data is strictly limited to the purposes set out in the User Agreement (including providing the Service, verifying compliance, generating BlueBox digital assets, and conducting Intelligent Impact™ assessments).

3.3 Information Collected while Using the Application. While using the Application, in order to provide its features, we may collect, with your prior permission:

• Information regarding your location.
• Pictures and other information from your Device’s camera and photo library.

We use this information to provide features of the Service and to improve and customise the Service. The information may be uploaded to the Company’s servers and/or a Service Provider’s server, or it may simply be stored on your Device. You can enable or disable access to this information at any time through your Device settings.

3.4 Tracking Technologies and Cookies. We use Cookies and similar tracking technologies to track activity on the Service and store certain information. Tracking technologies used are beacons, tags and scripts to collect and track information and to improve and analyse the Service. The technologies we use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept Cookies, you may not be able to use some parts of the Service.
• Web Beacons. Certain sections of the Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email, and for other related website statistics.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies (Session, administered by us). Purpose: essential to provide you with services available through the Website and to authenticate users.
• Cookies Policy / Notice Acceptance Cookies (Persistent, administered by us). Purpose: identifies whether users have accepted the use of cookies.
• Functionality Cookies (Persistent, administered by us). Purpose: allows us to remember choices you make (e.g., login details, language).

For more information about the cookies we use and your choices, please contact us using the details in Section 19.

4.1 Purposes of Processing. The Company may use Personal Data for the following purposes:

• To provide and maintain the Service, including to monitor the usage of the Service.
• To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased, or of any other contract with us through the Service.
• To contact you: by email, telephone calls, SMS or other equivalent forms of electronic communication, such as a mobile application’s push notifications, regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
• To provide you with news, special offers and general information about other goods, services and events we offer that are similar to those you have already purchased or enquired about, unless you have opted not to receive such information.
• To manage your requests: to attend to and manage your requests to us.
• For business transfers: we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganisation, dissolution, or other sale or transfer of some or all of our assets.
• For other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and evaluating and improving the Service, our products, services, marketing and your experience.

4.2 Sharing of Personal Information. We may share your personal information in the following situations:

• With Service Providers: to monitor and analyse the use of the Service and to contact you.
• With Impact Partners: we may share your information, including Trade Data and necessary Personal Data, with third-party Impact Partners and Assurance Partners for the specific purpose of conducting Compliance Activity, including risk assessments, environmental scoring, social compliance audits, and verification required to generate BlueBox digital assets or Intelligent Impact™ reports.
• With Affiliates: we may share your information with our Affiliates, in which case we will require those Affiliates to honour this Privacy Policy. Affiliates include our parent company, Sourcery Group, Inc., and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• With business partners: we may share your information with our business partners to offer you certain products, services or promotions.
• With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside the Service.
• For business transfers: we may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With your consent: we may disclose your personal information for any other purpose only with your consent.

5.1 Retention Period. The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

5.2 Usage Data. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen security or to improve the functionality of the Service, or we are legally obligated to retain this data for longer periods.

6.1 Transfer Location. Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. This means that this information may be transferred to, and maintained on, computers located outside your state, province, country or other governmental jurisdiction, where the data protection laws may differ from those of your jurisdiction.

6.2 Consent. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to that transfer.

6.3 Security During Transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place, including the security of your data and other personal information.

7.1 Right to Delete. You have the right to delete or request that we assist in deleting the Personal Data that we have collected about you. The Service may give you the ability to delete certain information about you from within the Service. You may update, amend or delete your information at any time by signing in to your Account, if you have one, and visiting the account settings section that allows you to manage your personal information. You may also contact us to request access to, correct or delete any personal information that you have provided to us.

7.2 Immutable Ledger / Blockchain Data / Third-Party Services Exception. Certain data verified and recorded on distributed ledgers (blockchains) as part of the Service (e.g., BlueBox digital assets, verified transaction history) is technically immutable and cannot be deleted or altered. In addition, certain data that has been downloaded, exported or transmitted via API, with your consent, to third-party technology solution providers cannot be deleted or altered by Sourcery. In such cases, complying with a deletion request will involve removing the link between your personal identity (Account) and the blockchain record (pseudonymisation), rendering the data on the ledger anonymous, or removing the link between your Account and the third-party technology solutions. You acknowledge that the underlying ledger entry or third-party storage of the data will persist in accordance with the protocols of the blockchain network or third-party technology service providers.

7.3 Retention Obligations. We may need to retain certain information when we have a legal obligation or lawful basis to do so.

8.1 Business Transactions. If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

8.2 Law Enforcement. Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).

8.3 Other Legal Requirements. The Company may disclose your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation;
• Protect and defend the rights or property of the Company;
• Prevent or investigate possible wrongdoing in connection with the Service;
• Protect the personal safety of Users of the Service or the public;
• Protect against legal liability.

The security of your Personal Data is important to us, but no method of transmission over the internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process and transfer information about your activity on the Service in accordance with their privacy policies.

10.1 Email Marketing. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

10.2 Usage, Performance and Miscellaneous. We may use third-party Service Providers to maintain and improve the Service.

• Invisible reCAPTCHA: We use an invisible captcha service named reCAPTCHA, operated by Google. The reCAPTCHA service may collect information from you and from your Device for security purposes. The information gathered by reCAPTCHA is held in accordance with the Privacy Policy of Google.

11.1 Legal Basis for Processing Personal Data under the GDPR. We may process Personal Data under the following conditions:

• Consent: you have given your consent for processing Personal Data for one or more specific purposes.
• Performance of a contract: provision of Personal Data is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
• Legal obligations: processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
• Vital interests: processing Personal Data is necessary in order to protect your vital interests or those of another natural person.
• Public interests: processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
• Legitimate interests: processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

11.2 Your Rights under the GDPR. The Company undertakes to respect the confidentiality of your Personal Data and to guarantee that you can exercise your rights. You have the right under this Privacy Policy, and by law if you are within the EU, to:

• Request access to your Personal Data. The right to access, update or delete the information we have on you.
• Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
• Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation which makes you want to object to our processing of your Personal Data on this ground.
• Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it. (As stated in Section 7.2, data stored on immutable blockchains/ledgers cannot be erased, only pseudonymised.)
• Request the transfer of your Personal Data. We will provide to you, or to a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format.
• Withdraw your consent. You have the right to withdraw your consent to our use of your Personal Data.

11.3 Exercising Your GDPR Data Protection Rights. You may exercise your rights of access, rectification, cancellation and opposition by contacting us. We may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

This privacy notice section for California residents supplements the information contained in this Privacy Policy and applies solely to visitors, users and others who reside in the State of California.

12.1 Categories of Personal Information Collected. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following categories of personal information we may collect or may have collected from California residents within the last twelve (12) months:

12.2 Sources of Personal Information. We obtain the categories of personal information listed above from the following categories of sources: directly from you; indirectly from you; automatically from you; and from Service Providers.

12.3 Use of Personal Information. We may use or disclose personal information we collect for “business purposes” or “commercial purposes” (as defined under the CCPA/CPRA), including operating the Service, providing support, fulfilling requests, complying with law enforcement, and internal administrative and auditing purposes.

12.4 Disclosure of Personal Information. We may use or disclose, and may have used or disclosed in the last twelve (12) months, the following categories of personal information for business or commercial purposes: Categories A, B, F, G and L.

12.5 Share of Personal Information. We may share, and have shared in the last twelve (12) months, your personal information identified in the above categories with the following categories of third parties: Service Providers; Impact Partners and Assurance Partners; our Affiliates; our business partners; and third-party vendors.

12.6 Sale of Personal Information. As defined in the CCPA/CPRA, “sell” and “sale” mean 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 a third party for valuable consideration. We do not sell your personal information. The Service allows you to choose to license your own data to third parties through the Sourcery Exchange marketplace (for example, as BlueBox digital assets under the Data Stewardship Policy). Any such licence is made by you, at your direction. For those transactions, Sourcery Partners, LLC acts as processor and collects the resulting payments and distributes them to you. We allow Service Providers to use your personal information only for the business purposes described in this Privacy Policy.

12.7 Sale of Personal Information of Minors Under 16 Years of Age. We do not knowingly collect personal information from minors under the age of 16. We do not sell the personal information of Consumers we actually know are less than 16 years of age, unless we receive affirmative authorisation.

12.8 Your Rights under the CCPA/CPRA.

• The right to notice.
• The right to know/access.
• The right to say no to the sale or sharing of Personal Data (opt-out).
• The right to correct Personal Data.
• The right to limit use and disclosure of sensitive Personal Data.
• The right to delete Personal Data (subject to exceptions).
• The right not to be discriminated against.

12.9 Exercising Your CCPA/CPRA Data Protection Rights. To exercise any of your rights, you can contact us by email (connect@thesourcery.io) or via our website (https://www.thesourcery.io/contact). We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request.

12.10 Do Not Sell My Personal Information. You have the right to opt out of the sale of your personal information. We do not sell your personal information, and you decide whether any of your data is offered through the Sourcery Exchange marketplace. To exercise your right to opt out, or for any question about it, please contact us.

12.11 Limit the Use or Disclosure of My Sensitive Personal Information. If you are a California resident, you have the right to limit the use and disclosure of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests such services or goods.

The Service does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked.

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If you are a California resident, you can contact us using the contact information provided below.

California Business and Professions Code Section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. To request removal of such data, you can contact us using the contact information provided below.

The Service does not address anyone under the age of 18. We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a Partner, User, parent or guardian and you are aware that a child has provided us with Personal Data, please contact us.

The Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on the Service before the change becomes effective, and update the “Last Updated” date at the top of this Privacy Policy.

If you have any questions about this Privacy Policy, you can contact us:

• By email: legal@thesourcery.io
• By visiting this page on our website: https://www.thesourcery.io/contact