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Privacy Notice

This Privacy Policy (“Policy”) describes how Provenance Technologies, Inc. (“PTI”, “we”, “us” and “our”) collects, uses, discloses, transfers, stores, retains or otherwise processes your information when you (whether you are a person acting as a sole proprietor or on behalf of another business entity) engage in the following activities:

  • Access or use our website or subdomains on which this Privacy Notice is posted (collectively, the “Site”); 

  • Contact us at our email addresses or apply for a job at PTI; or 

  • Use any application or service that we may offer, including any Know Your Customer (“KYC”) verification service, or any platform, wallet, account or software used in connection with non-fungible tokens and other digital, virtual, or crypto assets (collectively, the “Services”).

Please read this Policy carefully.  By accessing, registering for, downloading or using our Site or Services, you are consenting to the practices and collection of your personal information as described in this Privacy Notice.  If you are providing personal information regarding any other person besides yourself, you represent and warrant that you have the right to provide such personal information to PTI and to bind the individual to which the information relates to this policy and such individual has been provided notice of and accepted this Policy.

Information We Collect About You

As a provider of virtual currency and money transfer-related services, PTI is obligated by law to collect information, including personal information, from you. PTI  may collect information about you in several ways: (1) from information that you voluntarily provide us; (2) from third-party sources, such as service providers or companies that we do business with; (3) and automatically from your use of the Services.

Information You Provide

We collect the personal information you provide when you access and use our Site and Services or communicate with us as follows: 

  • Make a request to receive information about PTI or our products;

  • Apply or sign up for a PTI account or other Services;

  • Conduct transactions through the Services;

  • Go through our identity or account verification process, authenticate into your account, communicate with us, answer our surveys, upload content, or otherwise interact with the Services; or

  • Apply for a job with PTI either through our Site or otherwise.

  • We may collect the following categories of information in connection with these activities:

  • Financial information, such as bank account information and payment card numbers;

  • Identification Information, such as: 

    • Name, email address, postal address, signature, and phone number;

    • Passport number, driver’s license number, Social Security number, Taxpayer Identification number, or other government-issued identification number;

  • Professional or employment-related information, such as information you provide when applying for a position with PTI or about your business (e.g., appointments, staffing availability, and contact data) and your employees (e.g., job titles, payroll information, and hours worked and other timecard data) when seeking to enter a contract or do business with PTI;

  • Tax information, such as withholding allowances and tax filing status;

  • Transaction information, such as information about non-fungible tokens or other assets you acquire, when and where payment transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions; and

  • Other information you provide, such as information that you voluntarily provide to us, including your survey responses; participation in contests, promotions, or other prospective seller marketing forms or devices; suggestions for improvements; referrals; or any other actions you perform on the Services.

 

Information We Automatically Collect From Your Use of the Services

We also collect information from the devices you use when you interact with our systems and Services, such as your location or information about the device you’re using, how often and how long you use our Services and what Services you are using.  We need this information to understand usage of our Services, protect your account and our systems from hackers, combat fraud, check if payments are being made or received legally and by you, and make our products and Services better for you and others.  This information includes:

  • Commercial information, such as information about the products (e.g. NFTs) and services you sell (e.g., inventory, pricing and other data) and information about your payment transactions (e.g., when and where the transactions occur, a description of the transactions, the payment or transfer amounts, billing and shipping information, and payment methods used to complete the transactions);

  • Web browser and device characteristics;

  • Geolocation data, which includes the location of your device.  For more information and to learn how to disable collection of location information from your mobile device, please see below;

  • Internet or other electronic network activity information, which includes information about how you use and interact with our Services, including your access time, “log-in” and “log-out” information, browser type and language, the domain name of your internet service provider, other attributes about your browser, any specific page you visit on our platform, content you view, features you use, the date and time of your use of the Services, your search terms, and the website you visited before you visited or used the Services;

  • Online identifiers (e.g., information you use to log in to your account), Internet Protocol (“IP”) address, and unique personal identifiers (including device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number; unique alias, and other identifiers); and

  • Inferences drawn from any of the information above to create a profile about you that may reflect, for example, your preferences, characteristics, and behavior, including for account security purposes or to enhance our Services to you.

 

Information We Collect From Other Sources

We collect information, including your personal information, from other sources that provide services to us or with whom we are doing business.  We use this information to ensure that you are using our Services legally, prevent and investigate potential financial crimes, confirm that you are eligible for the Services you want to use, confirm your qualifications and background for employment by us, and protect your data and our Services from fraudsters who may put you and your money at risk.  To do this, we may collect data about you from companies that help us verify your identity, do a credit check, prevent fraud or assess risk.  We may also collect:

  • Background check information, including credit report information, identity verification information, and information about any person or corporation with whom you have had, currently have, or may have a financial relationship;

  • We may analyze public blockchain data to ensure parties utilizing our Services are not engaged in illegal or prohibited activity under our Terms, and to analyze transaction trends for research and development purposes.

  • Personal information provided by joint marketing partners.  For example, unless prohibited by applicable law, joint marketing partners or resellers may share information about you with us so that we can better understand which of our Services may be of interest to you.

  • Information from security providers about unauthorized attempts to intrude our networks and systems;

  • Information from payment network providers regarding transactions and potential fraud and criminal activity on such payment networks relating to our Services; 

  • Analytics regarding use of our Site and Services; and

  • Credit, compliance and fraud related information, including information about you from third parties for any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law.  This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.

HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information as necessary for the following purposes:

1.     To provide our Services to you;

2.     To maintain legal and regulatory compliance;

3.     To enforce terms in our user agreements and other agreements;

4.     To detect and prevent fraud and financial crimes;

5.     To communicate with you about our Services;

6.     To provide customer service, such as to resolve any questions, disputes, collect fees, or to troubleshoot problems; 

7.     To ensure quality control;

8.     To ensure the security of our network, Site and Services;

9.     To better understand the way you use and interact with our Services for research and development purposes.  In addition, we use such information to customize, measure, and improve our Services and the content and layout of the Site and applications, and to develop new services;

10.  To personalize and enhance your experience with the Site and Services; 

11.  To facilitate corporate acquisitions, mergers, or transactions;

12.  To engage in marketing activities.  For example, based on your communication preferences, we may send you marketing communications (e.g. emails or mobile notifications) to inform you about our Services and our partner service; to deliver targeted marketing; and to provide you with promotional offers;

13.  To protect the health and safety of our employees and visitors, our facilities and our property and other rights; and 

14.  For any purpose that you provide your consent. 

 

We will not use your personal information for purposes other than those purposes we have disclosed to you, without your permission.  If we are required by law to request your permission for a use not otherwise disclosed, you may opt-out of such use, but in such case certain features or Services may not be available to you.

LEGAL BASIS

To the extent required by law, we rely on the following legal basis to process your personal information for the corresponding purposes:

  • Necessity to enter and perform a contract – this applies to the following purposes above: (1) To enforce our terms in our user agreement and other agreements , (4) to provide our Services; (5) To communicate with you about our Services;   (6) To provide customer service; and (7) To ensure quality control.

  • Based on our legitimate interests - (9) For research and development purposes; (10) To enhance your experience; (11) To facilitate corporate acquisitions, mergers, or transactions; (12) To engage in marketing activities.

  • Based on our legal obligations, the public interest, or in your vital interests - (1) To maintain legal and regulatory compliance; (8) to ensure the security of our network, Site and Services; (13) To protect the health and safety of our employees and visitors, our facilities and our property and other rights

  • Based on your consent.

 

HOW WE SHARE YOUR INFORMATION

We may share and disclose your information, including personal information, to third parties in the following situations:

  • Consent.  Where you have provided consent, we share your information, including Personal Information, as described at the time of consent, such as when you authorize a third party application or website to access your account or when you participate in promotional activities conducted by our  partners or third parties.

  • Affiliates.  We may disclose the information we collect from you to our affiliates or subsidiaries solely for the purpose of providing Services to you; however, if we do so, their use and disclosure of your personally identifiable information will be maintained by such affiliates and subsidiaries in accordance with this Policy. 

  • Payment Network and Platform Providers.  Certain transactions on the Services may take place on blockchains, platforms or payment networks provided by others.  Your personal information may be stored on such blockchains, platforms and payment networks.  We also may share your personal information with the providers of such blockchains, platforms and providers if necessary to detect and investigate fraud and potential financial crimes.

  • Service Providers.  We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.

  • Business Transfers.  If we are acquired by or merged with another company or entity, if substantially all of our assets are transferred to another company or entity, including as part of a bankruptcy proceeding, or are in negotiations for any of these types of transactions, we may transfer the information we have collected from you to the other company or entity.

  • In Response to Legal Process.  We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.

  • To Protect Us and Others.  We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information

 

We may share aggregate or de-identified information about users and their use of the Services with third parties and publicly for marketing, advertising, research or similar purposes.  If we do so, we will take steps to ensure that the disclosure complies with applicable laws. 

Please note that except as noted above, we will not sell or share your personal information with any third party. 

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site and Services.  We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).  We use various technologies to collect information, including but not limited to Google Analytics’ technologies.  The use of these technologies as configured may include the sending of cookies to your computer or mobile device.

Currently, our systems do not recognize browser “do-not-track” requests.  You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes.  Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services. 

There are two types of cookies:  session and persistent cookies.

  • Session Cookies.  Session cookies exist only during an online session.  They disappear from your computer when you close your browser or turn off your computer.  We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site.  This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

  • Persistent Cookies.  Persistent cookies remain on your computer after you have closed your browser or turned off your computer.  We use persistent cookies to track aggregate and statistical information about user activity.

 

We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images or other computer codes that may be used in our Site or emails and help deliver cookies, count visits, understand usage and the effectiveness of our communications and determine whether an email has been opened and acted upon.

Disabling Cookies

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie or how to disable cookies altogether.  Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services.

Third-Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and our Services.  We also may use other analytic means to evaluate our Services.  We use these tools to help us improve our Services, performance and user experiences.  These entities may use cookies and other tracking technologies to perform their services.  For more information about Google Analytics, please visit: https://www.google.com/analytics.

Third-Party Links

Our Site and Services may contain links to third-party websites.  Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites.  We are not responsible for the information practices of such third-party websites.

Retention of Information

We generally retain information as long as necessary to fulfill the purpose for which it was collected, except that we may retain personal data for a longer period if required by law or for legitimate business purposes. 

Security of My Personal Information

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse and unauthorized access, disclosure, alteration, and destruction.  Please be aware that despite our efforts, no data security measures can guarantee 100% security.

What Rights Do I Have Regarding My Personal Information?

You may request access, a copy, modification or deletion of personal information that you have submitted to us by contacting us at privacy@provenancetech.io.  We will use reasonable efforts to accommodate such requests to the extent required by law, provided that we may be required to retain personal information to comply with legal obligations, accounting requirements, or for other business purposes.  We may request additional information to verify the identity of the requesting party before responding to a request.  

What Choices Do I Have Regarding Use of My Personal Information for Marketing?

We may send periodic promotional or informational emails to you.  You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests.  If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Location Information

Our Site and Services are offered from the United States.  We store any information we collect in the United States.  If you access the Services or Site from outside the United States, you agree to the transfer of your information to the United States, which may have less protections for your personal information than your jurisdiction of residence.

Children

Our Site and Services are not designed for children under 16.  If we discover that a child under 16 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Site or Services or would like to make a complaint, please contact us at customerservice@provenancetech.io.

Changes to this Policy

This Policy is current as of the Effective Date set forth above.  We may change this Policy from time to time, so please be sure to check back periodically.  We will post any changes to this Policy on the Site.  If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or if you have an account with us, providing notice to the email address in your account (for this reason you should make sure to update your account information promptly if it changes). 

CALIFORNIA PRIVACY NOTICE

This California Privacy Notice contains the disclosures required under the California Consumer Privacy Act (“CCPA”).  For individuals who are California residents, the CCPA requires certain disclosures about the categories of personal information we collect and how we use it, the categories of sources from whom we collect personal information, and the third parties with whom we share it.  You have also the right to exercise certain rights regarding your personal information.

Please note that for California residents, the term personal information means information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a particular consumer or household as defined in the CCPA.  All other capitalized terms have the same meanings as given them in the Policy.

Data Subject Requests

If you are a California resident, you have the right to request PTI to: 

(a)   Disclose the categories of personal information we collected about you in the preceding 12 months, categories of sources from which the personal information was collected; the business or commercial purpose for which we collected or sold the personal information; the categories of third parties with which the business we have shared your personal information; categories of personal information that we sold in the preceding 12 months, and for each category identified, categories of third parties to which we sold that particular category of personal information; and the categories of personal information that we disclosed for a business purpose in the preceding 12 months, and for each category identified, the categories of third parties to whom we disclosed that particular category of personal information (“Request to Know”);

(b)   Disclose the specific pieces of personal information that we have collected on you (“Request to Know”); 

(c)   Delete personal information we have collected on you (“Request to Delete”); and 

(d)   Opt-out of the sale of the personal information we have collected on you (“Right to Opt-out”).  Please note that we do not have to offer the opt-out as we do not sell your personal information.  

You can only make two Requests to Know in a 12-month period, and the information provided we need only cover the 12-month period prior to receipt of your request.

Methods for Submitting Request

You may submit Requests to Know and Requests to Delete in one of the following methods: by sending an email to privacy@provenancetech.io or a letter to Provenance Technologies, Inc., at 268 Bush Street #3041, San Francisco, California 94104-3503.

Verification of Requests

We will need to verify your identity to respond to Requests to Delete and Requests to Know.  If you have an account with us that is password-protected, we may verify your identity through our existing authentication practices for your account. 

If you do not have an account with us, and your request concerns categories of personal information collected, we can request from you two data points of personal information to verify your identity.  If you do not have an account with us, and your request concerns specific pieces of personal information, we can request from you at least three data points of personal information as well as a signed declaration with penalty of perjury to verify your identity.

If a request concerns household information, and the household does not have a password-protected account with us, we will not comply with a Request to Know specific pieces of personal information about the household or a request to delete household personal information unless all of the following conditions are satisfied:  (1) All consumers of the household jointly request access to specific pieces of information for the household or the deletion of household personal information; (2) we have individually verified all the members of the household under the CCPA; and (3) we have verified that each member making the request is currently a member of the household.

Time for Response

Please note that once you have submitted a Request to Know or Request to Delete, we will send you a receipt, acknowledging your request, within 10 business days.  If, for some reason, you do not receive such a receipt within 10 days of your submitted request, please send us an email to privacy@provenancetech.io as an error may have occurred.

We will respond to Requests to Know and Requests to Delete within 45 calendar days after they are received.  If we cannot verify you within the 45-day time period, we may deny the request.  If necessary, we may take up to an additional 45 calendar days to respond to your request, for a maximum total of 90 calendar days from the day the request is received, provided that we will provide you with notice and an explanation of the reason that we will take more than 45 days to respond to the request.

In the case of a Request to Delete, we may use a two-step process for online requests to delete where you must first submit the Request to Delete and then second separately confirm that you want your personal information deleted. Please note that if the request concerns a transaction on a public blockchain, transactions are intended to be immutable and the request may not be accommodated.

Authorized Agent

As a California resident, you have the right to designate an agent to exercise these rights on your behalf.  We may require proof that you have designated the authorized agent to act on your behalf and to verify your identity directly with us.  Please contact us at privacy@provenancetech.io for more information if you wish to submit a request through an authorized agent.

Right to Non-Discrimination for the Exercise of CCPA Rights

You have a right not to receive discriminatory treatment by us for the exercise of the privacy rights conferred by the CCPA.  We hereby inform you that if you exercise any of your rights under the CCPA we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, except to the extent permitted under the CCPA.

Contact Us

If you have questions about our privacy policies or practices or this notice, please contact us at privacy@provenancetech.io.

Notice at Collection

Pursuant to California Civil Section 1798.100(b), this serves as notice of the categories of personal information that we collect through the Site and Services, the business or commercial purposes for which such personal information was collected, the categories of sources of such personal information and the categories of third parties to whom such information was disclosed in the past twelve (12) months:

A.     Identifiers.

a.     Collected?
YES

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.      Categories of Sources: You, Service Providers, Data Analytics Providers, Platform, Payment Network, Blockchain Providers, and Public Blockchains

d.     Categories of Third Parties to Whom Disclosed: Other users (with respect to transactions with them), Service Providers, Platform, Payment Network and Blockchain Providers

B.     Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

a.     Collected?

YES

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information or health insurance information.  Some personal information included in this category may overlap with other categories.

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.      Categories of Sources: You, Service Providers, Data Analytics Providers, Platform, Payment Network, Blockchain Providers, and Public Blockchains

d.     Categories of Third Parties to Whom Disclosed: Other users (with respect to transactions with them), Service Providers, Platform, Payment Network and Blockchain Providers

 

C.     Protected classification characteristics under California or federal law.

a.     Collected?

YES/NO

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

D.    Commercial information.

a.     Collected?

YES

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.      Categories of Sources: You, Service Providers, Data Analytics Providers, Platform, Payment Network, Blockchain Providers, and Public Blockchains

d.     Categories of Third Parties to Whom Disclosed: Other users (with respect to transactions with them), Service Providers, Platform, Payment Network and Blockchain Providers

E.     Biometric information.

F.     Internet or other similar network activity.

a.     Collected?

YES

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.      Categories of Sources: Service Providers, Data Analytics Providers

d.     Categories of Third Parties to Whom Disclosed: Service Providers, Data Analytics Providers

G.    Geolocation data.

a.     Collected? YES

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.     Categories of Sources: Service Providers

H.    Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.

a.     Collected? NO

I.      Professional or employment-related information.

a.     Collected? YES

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

c.     Categories of Sources: Service Providers

J.      Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

a.     Collected? NO

K.     Inferences drawn from other personal information.

a.     Collected? YES

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.

b.     Business or Commercial Purpose

See Information We Collect About You and How We Use Your Personal Information

 Under California Civil Code § 1798.83, California residents who have provided personal information to PTI may obtain information regarding PTI’s disclosures, if any, of personal information to third parties for third-party direct marketing purposes.  Requests must be submitted to the following address:  privacy@provenancetech.io.  Within 30 days of receiving such a request, we will provide a California Privacy Disclosure, which will include a list of certain categories of personal information disclosed during the preceding calendar year to third parties for their direct marketing purposes, along with the names and addresses of the third parties.  This request may be made no more than once per calendar year.

 

Rights for Residents of The European Economic Area & The United Kingdom

If you are a resident of the European Economic Area (“EEA”) or the United Kingdom (“UK”), if we are the controller, you have the right to:

  • ask whether we hold personal information about you and request copies of such personal information and information about how it is processed;

  • request that inaccurate personal information is corrected;

  • request deletion of personal information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent or processed in non-compliance with applicable legal requirements;

  • request us to restrict the processing of personal information where the processing is inappropriate;

  • object to the processing of personal information; and

  • request portability of personal information that you have provided to us (which does not include information derived from the collected information), where the processing of such personal information is based on consent or a contract with you and is carried out by automated means.


If you wish to exercise any of these rights, please contact us at privacy@provenancetech.io.  In addition, we will not respond to any request unless we are able to appropriately verify the requester’s identity.  You are not required to pay any charge for exercising your rights; however, we may charge you a reasonable fee for subsequent copies of personal information that you request.  In addition, if we consider that a request is manifestly unfounded or excessive, we may either request a reasonable fee to deal with the request or refuse to deal with the request.

If you make a request, we have one month to respond to you, subject to our rights to extend that period under applicable law.

How to Complain

If you have any concerns about our use of your personal information, you can make a complaint to us at privacy@provenancetech.io.

If you are a resident of the EEA, you can lodge a complaint with the supervisory authority where you reside.  If you are a resident of the UK, you can complain to the ICO if you are unhappy with how we have used your Personal Information.

The ICO’s address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number:  0303 123 1113

ICO website:  https://www.ico.org.uk

 

Last updated: December 8, 2021