1. Data Controller and Purpose of data processing
2. Legitimization of data processing
The legal basis that enables these Companies to process your personal data for commercial or direct marketing purposes is the legitimate interest of these Companies to handle your request (to which we will refer below) and to establish commercial contact with you in order to enable future business relationships with you (or, where appropriate, with your company).
In this regard, it must be taken into account the fact that it is you who voluntarily provide us with your personal data by reason of one of the following requests, depending on your specific case:
- During your visit to our booth at a Trade Show when you provided us with your personal data so that we can maintain contact with you and communicate with you to inform you about our new POLYWORKS products in the future.
- When filling out our data form "BUY NOW" (on our website) in order to obtain more information about our POLYWORKS products, and so that our Sales Department can contact you.
- When filling out our data form "REQUEST A DEMO" (on our website) so that we can give you a demonstration of our products or to get further information on our products or services.
- When filling out our "NEWSLETTERS" form (on our website), in order to subscribe to our NEWSLETTERS.
- When you send us an email through the "Contact Information" section of our website showing interest in our products and services.
3. Duration of data processing
Your personal data may be processed for commercial or direct marketing purposes as long as you do not exercise your right to object to the processing for such purposes (as indicated in sections 1 and 5 herein).
Besides, in case you have requested or consented to receive electronic commercial communications about the products, services and events of these Companies, we inform you that we will process your personal data for that purpose as long as you do not exercise your right to object or to withdraw your consent (as indicated in sections 1 and 5 herein).
4. Recipients (Disclosure of data or Data processing by way of a Processor)
In addition, by accepting this Clause you expressly consent to the transfer of your personal data by the Companies responsible for data processing to other companies of INNOVMETRIC Group located within the European Union, that is, companies partly or entirely owned by INNOVMETRIC SOFTWARE INC., and whose identity and contact information are available at the following link: https://www.innovmetric.com/en/contact-us/contact-information ; as well as to other Distributors of the "POLYWORKS" software located within the European Union. The purpose of these disclosures of data, if any, is to enable these Companies (i) to contact you in order to offer you the "POLYWORKS" products and support, maintenance and update services related to it, as well as (ii) to send you commercial communications by electronic means in the terms provided for in this Clause (in case you consent to it by checking the box enabled to this end before you SUBMIT your personal data); and all of this, with the aim of doing so in your own language and from a location closer to yours.
We inform you that, in the event that any of these disclosures to other companies of the INNOVMETRIC Group occur, everything provided for in this Clause in relation to the fulfillment of the duty of information established by the GDPR will be applicable, with the difference that, in such case, the particular company to which your personal data would have been disclosed will also be considered a Data Controller (company responsible for data processing). Therefore, in that case, you will be entitled to exercise the same rights as provided for in Section 5 herein by sending either a letter or an email to the postal address or to the email address that appear as contact information of said company in the link mentioned in the previous paragraph. In this case, you would be aware of this circumstance, that is, the disclosure of your personal data to another company of INNOVMETRIC Group because said company would contact you directly with the commercial purpose described herein.
Besides, those companies to which the Data Controllers have outsourced the services of hosting and event management (marketing companies) may have access to your personal data. Part of these services are provided in particular by companies located in Canada and the United States of America. Both countries have a recognized adequate level of data protection according to both the Commission Decision 2002/2/EC of December 20, 2001, regarding entities subject to the scope of application of the Canadian Law on Data Protection, and the Commission Decision (EU) 2016/1250, of July 12, 2016, on the adequacy of the protection conferred by the EU-US Privacy Shield.
5. Data Subjects Rights
The Data Controllers undertake to respect and facilitate the exercise by the Data Subject of his/her rights: right of access, right to rectification, right to erasure, right to object, right to restriction of processing, right to data portability and the rights related to automated decision-making, under the terms and within the limits established in arts. 15 to 22 of the GDPR.
Please find below a brief explanation of the scope and content of the Data Subject aforementioned rights that you may exercise:
(i) Right of access: You have the right to obtain from us confirmation as to whether or not we have personal data concerning you, and, where that is the case, you can ask us for information on it. We are obliged to answer, among other questions, the ones related to the purposes of the processing, the categories of personal data concerned and the recipients to whom personal data have been disclosed. However, this right is not absolute and the right of access may be restricted by the interests of other parties as provided for in the GDPR. This right is stated in article 15 of the GDPR.
(ii) Right to rectification: We must rectify inaccurate personal data and complete incomplete personal data at your request. This right is stated in article 16 of the GDPR.
(iii) Right to erasure (‘right to be forgotten’): In the event that any of the circumstances described in article 17 of the GDPR occur, we must erase your personal data if you so request. However, this right is subject to the limits provided for in said article 17 of the GDPR.
(iv) Right to restriction of processing: In the event that any of the circumstances described in article 18 of the GDPR occur, we must restrict the use we make of your personal data at your request and under the particular terms stated in said article 18 of the GDPR.
(v) Right to data portability: In the event that the circumstances described in article 20 of the GDPR occur you shall have the right, if you so request, to receive the personal data concerning you, and that you provided to us, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller without hindrance from our part (you shall have also the right to have your personal data transmitted directly from us to another controller at your request and where technically feasible.) However, this right is subject to the limits provided for in said article 20 of the GDPR.
(vi) Right to object: In the event that the circumstances described in article 21 of the GDPR occur, you shall have the right to object to us using your personal data. In such cases, and provided that you so request, we will be obliged to stop using your personal data. This is the case, for example, when using personal data for marketing or direct marketing purposes as it is the case. This right is stated in said article 21 of the GDPR.
(vii) Right not to be subject to a decision based solely on automated processing, including profiling: You shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on you or similarly significantly affects you. This right is stated in article 22 of the GDPR and is subject to the limits provided for in said article.
You can exercise the aforementioned rights at any time including the right to object or withdraw the consent to receive commercial communications by electronic means (in case you have previously requested or consented to it), by sending a regular mail or an email either to INNOVMETRIC SOFTWARE INC. (to the postal address 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada, G1N 4N6 or to the following email address: email@example.com ), or to the Company (subsidiary or joint venture) belonging to INNOVMETRIC Group (also appointed as representative of INNOVMETRIC in the European Union) that operates in the country where you are. The identity and contact information of this Company are available at the following link: https://www.innovmetric.com/en/contact-us/contact-information
Your personal data will be processed at all times with a level of protection in accordance with the requirements of the regulations in force on the protection of personal data, guaranteeing their security and confidentiality.
Finally, we inform you of your right to file a claim with a competent control authority whenever you consider it necessary or appropriate.
Last update February 4th, 2019