Personal Data Protection Policy for "Prospect Customers"

Data protection

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the “General Data Protection Regulation” or “GDPR”), we inform you that we, InnovMetric Software Inc., and a company owned by us (subsidiary or joint venture), operating in the country where you are located (its identity and contact information are available at the following link:  https://www.polyworks.com/en/find-a-contact), will process the personal data you have provided for commercial or direct marketing purposes to advertise and promote their products and services, and to inform you of events related to these products and services (annual conferences and trade shows).

Here are the companies responsible for data processing (the “Data Controllers”):

  • InnovMetric Software Inc., whose tax identification number (SIN/NAS) is R138293006, whose legal address is 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada  G1N 4N6, and whose email address is as follows: privacy@innovmetric.com.

Please note that we have appointed as representative to the European Union, in accordance with the provisions of Article 27 of the GDPR, the company (subsidiary or joint venture) belonging to us that operates in the country where you are located, and also acts as Data Controller in this case. The identity and contact information of this company are available at the following link: https://www.polyworks.com/en/find-a-contact.

If you also wish to receive commercial communications by electronic means that advertise and promote our products and services, and inform you of events related to these products and services (annual conferences and trade shows), you must request it or give you express consent for that purpose.

In any case, we remind you that you can object to the processing of your personal data for commercial or direct marketing purposes, and you can also object or withdraw your consent to receive commercial communications by electronic means (if you had already requested it or given your consent for this purpose), by exercising your right to object or to withdraw your consent by sending a letter or an email to us. (at the mailing address 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada  G1N 4N6, or at the following email address: privacy@innovmetric.com).  

We have appointed as representative in the European Union, in accordance with the provisions of Article 27 of the General Data Protection Regulation, PolyWorks Europa SAS, registered in the Paris Corporate and Trade Register (CTR) under number 812673028, and whose headquarters are located at 62, rue de la Chaussée d’Antin, 75009.

The identity and contact information of the company (subsidiary or joint venture) belonging to us and operating (or, where applicable, making the job offer) in the country where you are located are available at the following link: https://www.polyworks.com/en/find-contact  

The legal basis that allows us to process your personal data for commercial or direct marketing purposes is our legitimate interest to process your request (to which we will refer below) and establish a business contact with you to enable the establishment of future commercial relationships (or, where applicable, with your company).

In this regard, it must be noted that it is you who voluntarily provide your personal data due to one of the following requests, depending on your specific case:

  • During your visit to our booth at a trade show, when you provide your personal data so we can stay in touch with you and communicate with you to inform you of our new PolyWorks products in the future;
  • When you fill out our “Buy Now” data form (on our Website) to obtain further information about our PolyWorks products, and so that our sales department can contact you;
  • When you fill out our “Ask for a Demo” data form (on our Website) so that we can give you a demonstration of our products or give you further information about our products or services;
  • When you fill out our “Bulletins” form (on our Website), to subscribe to our bulletins; and
  • When you send us an email through the “General information” section of our Website to indicate your interest in our products and services. 

Your personal data may be processed for commercial or direct marketing purposes for as long as you do not exercise your right to object to its processing for these purposes (as indicated in paragraphs 1 and 5 herein).

Moreover, if you have already requested or consented to receive electronic commercial communications about our products, services, or events, we inform you that we will process your personal data for this purpose for as long as you do not exercise the right to object or to withdraw your consent (as indicated in paragraphs 1 and 5 herein). 

We may disclose your personal data to third parties if we are required to do so under a legal obligation.

Moreover, by accepting this clause, you expressly consent to the transfer of your personal data to other companies in our group located in the European Union, namely companies owned in whole or in part by us, and whose identity and contact information are available at the following link: https://www.polyworks.com/en/find-a-contact, as well as other distributors of the PolyWorks software located in the European Union. The aim of these disclosures, where applicable, is to allow these companies to:

  • communicate with you to offer you PolyWorks products and the support, maintenance, and update services related to it; and
  • send you commercial communications electronically in accordance with the terms set out in this clause (if you agree to this by checking the box provided for this purpose before submitting your personal data); all of this with the aim of doing it in your own language and from a location closer to yours.

We inform you that in the event of such disclosure to other companies in our group, everything provided for in this clause relative to the fulfillment of the duty to inform established in the GDPR will be applicable, with the difference that, in such a case, the company to which your personal data has been disclosed will also be considered as the Data Controller (company responsible for data processing). Therefore, in such a case, you will have the right to exercise the same rights as those provided for in paragraph 5 herein, by sending a letter or an email at the mailing or electronic addresses that appear as the contact information for the said company in the link mentioned in the previous paragraph. In that case, you would be aware of this situation, namely the disclosure of your personal data to another company in our group, because that company would communicate with you directly for the commercial purpose described herein.

Furthermore, companies to which data controllers have outsourced hosting and event management services (marketing companies) may have access to your personal data. Some of these services are provided by companies located in Canada and the United States of America. Both countries have a recognized adequate level of data protection in accordance with Decision 2002/2/EC of the Council on 20 December 2001 relative to entities subject to the scope of the Privacy Act of Canada, and in accordance with Decision 2016/1250 of the EU Council of 12 July 2016 on the adequacy of protection provided by the EU-U.S. Privacy Shield.

If you are located in Poland, your data may also be processed by a Polish company, on behalf of Data Controllers, who will provide training, technical assistance, and customization services to you, and will send you newsletters and information about our services and products. Data Controllers assign the provision of these services to the said Polish company so that you may receive services in your own language and from a location closer to yours. 

Data Controllers undertake to respect the exercise of a Data Subject’s rights, namely the right of access, the right to rectification, the right to erasure, the right to object, the right to restriction of processing, the right to data portability, and the right not to be subject to a decision based solely on automated processing, in accordance with the terms and conditions, and within the limits established in Articles 15 to 22 of the GDPR.

You will find below a brief explanation of the scope and content of the above-mentioned rights you may exercise: 

5.1 Right of access

You have the right to obtain confirmation from us as to whether we hold personal data about you and, where applicable, you may ask for information regarding this data. We are required to respond, among other things, to questions pertaining to the purposes of processing, the categories of personal data concerned and the recipients to whom personal data have been disclosed. However, the right of access is not absolute and may be restricted by the interests of other parties, as indicated in the GDPR. This right is stated in Article 15 of the GDPR.

5.2 Right to rectification

We must rectify inaccurate personal data and must complete incomplete personal data at your request. This right is stated in Article 16 of the GDPR.

5.3 Right to erasure (“right to be forgotten”)

If either of the circumstances described in Article 17 of the GDPR occurs, we must erase your personal data if you request it. However, this right is subject to the limitations set forth in the said Article 17 of the GDPR.

5.4 Right to restriction of processing  

If either of the circumstances described in Article 18 of the GDPR occurs, we must restrict the use we make of your personal data at your request and in accordance with the specific terms and conditions stated in the said Article 18 of the GDPR.

5.5 Right to data portability

If either of the circumstances described in Article 20 of the GDPR occurs, you will have the right, if you request it, to receive personal data about you and that you provided to us, in a structured, commonly used and machine-readable format, and you will have the right to communicate this data to another controller without hindrance on our part (you will also have the right to ask us to communicate the personal data directly to another controller, if it is technically possible). However, this right is subject to the limitations set forth in the said Article 20 of the GDPR.

5.6 Right to object

If either of the circumstances described in Article 21 of the GDPR occurs, you will have the right to object to our use of your personal data. In this case, if you ask us to do so, we will be required to stop using your personal data. This is the case, for example, if we use your personal data for marketing or direct marketing purposes. This right is stated in the said Article 21 of the GDPR.

5.7 Right not to be subject to a decision based solely on automated processing, including profiling

You will have the right not to be subject to a decision based solely on automated processing, including profiling, that leads to legal effects concerning you or that significantly affects you. This right is stated in Article 22 of the GDPR and is subject to the limitations set forth in that article.

You may exercise the above-mentioned rights, at any time, including the right to object or to withdraw your consent to receive commercial communications by electronic means (if you had already requested it or given your consent for this purpose) by sending us a letter or an email at the following mailing address: 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada  G1N 4N6, or at this email address: privacy@innovmetric.com, or to the company (subsidiary or joint venture) belonging to our group (also designated as an InnovMetric representative in the European Union), that operates in the country where you are located. The identity and contact information of this company are available at the following link: https://www.polyworks.com/en/find-a-contact.

Your personal data will at all times be processed with a level of protection that complies with the requirements of applicable regulations relative to the protection of personal data, to ensure their security and privacy.

Finally, we inform you of your right to present a request to a competent data security control authority if you believe it to be necessary or appropriate.