6 December, 2022
The Eclipse Group acts as the steward of Our open source projects, industry collaborations including working groups and interest groups, community, and ecosystem. We are committed to respecting your rights to privacy within Our global ecosystem. We promise to transparently share all aspects of how Eclipse Group projects and Websites work in regards to privacy, terms, and Personal Information, and We are in full support of efforts to ensure your protection online, regardless of what laws are applicable and what your location may be. We recognize that different laws apply to protect your privacy, including but not limited to the laws of the United States, Canada, European Union, and We will aim to apply the same standards of privacy and protection of Personal Information to all individuals.
The Personal Information We collect about you and why
“Personal Information” is any information or data that relates to an individual which would enable that individual to be directly or indirectly identified. We may handle, notably, the following Personal Information about you:
- Contact/identification details (e.g. name, e-mail address, picture);
- Technical data (e.g. IP address, user behavior, web cookies); and
- Records of your contributions to Our open source projects and/or industry collaborations under the applicable specific agreements with Us.
We may collect, store and use your Personal Information above for the following purpose(s):
- To send you newsletters or other direct marketing communications that you have requested;
- To improve the Website and services;
- To deliver the content of the Website, to ensure the functionality of Our IT systems, and to improve the optimization of the Website;
- To contact you for reasons related to the service you have signed up for or to provide information you have requested;
- To provide you with the services that you requested;
- To enable you to store the data you request Us to store on Eclipse Group servers through services, including but not limited to, the Eclipse User Storage Service (USS);
- To provide access to the Website and services offered on the Website;
- To enable collaborative open source software development (e.g., to validate and maintain permanent records of authorship related to your contributions);
- To record your contributions to public communication channels that We manage or host (e.g., postings to a forum or a mailing list); and
- To prevent the misuse of the Website and the services and to detect fraudulent activities.
When we collect, store and use your Personal Information for those purpose(s), it is and will remain in connection with and subject to, either (a) your acceptance, (b) the performance of Our services to you as a member or employee of a member or (c) the pursuance of Our own interests or the service to Our community.
In some cases, We may not be able to provide Our services if you fail to provide to us with some Personal Information.
How We share your Personal Information and who We share it with
We will not sell your Personal Information to any third party.
Firstly, your Personal Information may be shared among the Eclipse entities within the Eclipse Group.
- Data analytics providers;
- Communication services providers;
- IT service providers for the provision of hardware and software and for the implementation of maintenance work;
- Third-party contractors and consultants employed by Us who act as part of Our staff in conjunction with Our full-time and part-time employees
- If you are employed by, or a consultant of an Eclipse Member Company and have interacted with Eclipse Group or Our projects, We may provide your name and/or email address to your employer.
Thirdly, We may disclose your Personal Information where:
- We are required to do so by applicable law, by a governmental body or by a law enforcement agency;
- To establish or exercise Our legal rights or defend against legal claims; and
Who We Are. Data controllers and Our contact data
The Eclipse Group is comprised of Our four corporate entities, namely Eclipse Foundation AISBL, Eclipse Foundation Europe GmbH, Eclipse.org Foundation, Inc. and Eclipse Foundation Canada, which together are jointly responsible as joint data controllers within the meaning of data protection legislation (the “Eclipse Group”). The Eclipse Group has a joint controllership agreement in place among the four corporate entities to document how the respective tasks and responsibilities in the processing of Personal Information are structured and who fulfills which data protection obligations. For more information about the joint controllership agreement in place, please contact Us at firstname.lastname@example.org.
Eclipse Foundation AISBL is your contact point. You may contact us either via postal mail to “Eclipse Foundation AISBL, Rond Point Schuman 11, 1040 Brussels, Belgium” or via e-mail to email@example.com. Contact details of all four companies may be found here. For more information about these companies, please contact firstname.lastname@example.org.
You can also assert your rights with regard to the processing of your Personal Information in joint controllership vis-à-vis Us as jointly responsible. In case you contact Us, We will coordinate in accordance with Our joint controllership agreement in order to respond to your inquiry and to guarantee your rights as a data subject.
How long we keep your Personal Information
Unless We are subject to other obligations such as legally mandated retention periods or ongoing court proceedings, We store your Personal Information only as long as necessary to carry out a service you have requested or to which you have given your consent, or as necessary to fulfill Our responsibilities as an open source foundation. As examples, We will store your Personal Information to enable you to access and use the Website and services as long as you have a registered ID account, and We will store your Personal Information related to your behavior on the Website, including your IP address, for up to 90 days.
To enable Us to conform to GDPR, note that your Personal Information may be processed in countries both inside and outside the European Union (“EU”) or European Economic Area (“EEA”), including areas which may be regarded as having a lower level of data protection than the EU. In such cases, We ensure that a consistent level of protection for your Personal Information is guaranteed, including, under applicable EU rules, via the existence of an adequacy decision or the use of appropriate data transfer tools, for example, entering into the standard contractual clauses issued by the European Commission with other entities of the Eclipse Group or with Our Processors, all in order to ensure that they provide a sufficient level of protection for your Personal Information.
Our Commitment to You
We commit to providing you with the following rights in accordance with applicable laws:
- to provide you with access to Personal Information that We hold about you;
- to update or correct any out-of-date or incorrect Personal Information that We hold about you;
- where the processing is based on your consent, the ability to withdraw consent at any given time, without affecting the lawfulness of processing based on consent before its withdrawal;
- to have your Personal Information erased by Us, unless it cannot be done due to Our requirement to fulfill Our responsibilities, including those as an open source foundation;
- to restrict processing where the conditions of article 18 of the EU’s GDPR have been met;
- to support your request with respect to data portability;
- to respond to objections by you with respect to Our processing of your Personal Information; and
- to opt out of any direct marketing communications that We (with your consent) may send you.
You can exercise these rights at any given time. We will respond within 30 days to your requests. Please contact email@example.com to make such a request.
If you are a resident of the European Union, you have the right to lodge a complaint, under EU data privacy rules, with the Data Protection Authority, by post to 35 Rue de la Presse, B-1000 Brussels, by e-mail to firstname.lastname@example.org, or by telephone at +32 2 274 48 00.
Information Security and Quality
We protect the integrity of your Personal Information with appropriate technical and organizational measures, such as using encryption for transmission of certain forms of information, to help keep it secure, accurate, current, and complete.
Your Personal Information may be stored in Canada, Switzerland, the European Union and the United States, always with Our same high security standards.
It must be noted that the following Personal Information will be publicly available in unencrypted form and without access restriction:
- Any Personal Information collected by virtue of your contributions, including but not limited to your contributions to Our forums, public mailing lists, source code repositories, etc., which are subject to specific agreements you must enter into with Us (for example, the Eclipse Contribution Agreement) prior to you contributing;
- Any data you store with Eclipse Group through Our services including, but not limited to, the User Storage Service (USS). We strongly advise you to not use these services to store passwords, any Personal Information, any confidential business information, or anything else that you do not want publicly available.
This Website contains links to other websites controlled or operated by parties other than the Eclipse Group. We are not responsible for the privacy practices or the content of such websites.
Notification of Changes
Questions Regarding This Policy