Dassault Systèmes SE, registered with the Commercial Registry of Versailles (France) under the number 322 306 440, located 10, rue Marcel Dassault 78140 Vélizy-Villacoublay, France (hereinafter “3DVIA”) processes Personal Data (as defined below) of people browsing the https://home.by.me website (the “Site”) and/or HomeByMe application of 3DVIA (the “Services”).
Personal data (“Personal Data”) means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the person.
Non-Personal Data means any information that does not result in the identification of a person.
2- DATA COLLECTED
In order to use certain functions and features of the Site and Services, 3DVIA requires that You provide certain Personal Data when visiting or using the Site and Services.
Visitors are individuals who visit the Site without registering themselves. Their Personal Data likely includes:
- IP address
- Cookies (as described in section 10); and
- any other Personal Data as may be relevant for the purposes listed below.
Personal Data collected (including from those who visit Site and enter information) for the purposes listed below likely includes:
- first and last name,
• date of birth or age,
• postal address,
• email address,
• telephone number(s),
• login (username) and password,
• company, company size, department and job title,
• profile description, social media links•financial data (credit card number and expiry date, name and address of the cardholder)
- Cookies (as described in section 10); and
• any other Data as may be relevant for the purposes listed below.
In all cases, the Personal Data gathered is limited to data necessary for the purposes described in Article 4 below.
For visitors and users in order to use certain functions and features of the Site, 3DVIA requires that You provide certain Personal Data when visiting or using the Site and Services. You are free to decide whether or not to provide all or part of Your Personal Data. However, if You choose not to provide all or part of this Personal Data, the purposes as described in Article 4 hereafter might not be achieved or not properly achieved, some areas and functions of the Site and Services may not function properly and/or You may be refused access to certain pages on the Site or certain functionalities of the Services. In particular, you will not be authorized to save Your projects, purchase products or services via the Site or Services.
In addition, we may use non-Personal Data such as the number of “likes”, number of space planning projects, number of rooms planed, planned surface in square meters, products chosen on the Site to plan spaces etc., either for statistical purposes, or to inform our partners which of their products are used and how such products are used.
3- PROTECTION OF PERSONAL DATA CONCERNING CHILDREN
3DVIA products are not designed to be marketed to children who are considered as minor under the applicable data protection law and 3DVIA does not knowingly collect or store Personal Data from children under such age. For children whose usual place of residence is in the European Union, Lichtenstein, Norway or Iceland, the default age at which a person is no longer considered a child is 16 subject to local law to adjust that limit between 13 and 16.
Certain 3DVIA products and services may be appropriate for use by children, however, in which case children below the age of consent under local data protection laws must seek consent from their parents or guardians prior to registering. Teachers and school administrators may act in the place of parents and guardians and provide consent for the collection of Personal Data from children (schools should always ensure that they have received permission from parents or guardians to do so).
If parents or guardians become aware that their child has provided 3DVIA with Personal Data without their consent or without a teacher’s or school administrator’s consent, they can ask 3Dvia to remove such Personal Data and terminate the child’s account by sending an email to the firstname.lastname@example.org .
If 3DVIA becomes aware that it has collected Personal Data from a child below the age of consent under local data protection laws without consent from a parent or guardian, 3DVIA will take steps to seek the parent’s or guardian’s consent for that processing or to remove such Personal Data and terminate the child’s account .
4- PURPOSES AND LEGAL GROUNDS FOR PROCESSING PERSONAL DATA
Whether You are a visitor or a user, 3DVIA collects Your Personal Data for the following legal grounds and for the following purposes:
- Processing activities based on Your consent:
- To improve Your user experience;
- To recognize that You have given a Personal Data so You don’t need to do it for every web page requested;
- Processing activities based on 3DVIA’s legitimate interest:
- To enable 3DVIA to manage surveys.
In addition, when You are a user, 3DVIA collects Your Personal Data on the following legal grounds and for the following purposes:
- Processing activities based on Your prior consent:
- To enable You to create projects, request and receive information;
- To ascertain Your requirements and interests and provide You with the most suitable products and/or services ;
- To enable 3DVIA to manage its marketing activities;
- To enable You to enter a contest;
- To enable You to create a user profile. 3DVIA provides You with the possibility of using the Site and the Services (including forums, blogs, and networks) that require You to register and create an account. User profiles provide the option to display personal information about You to other users, including but not limited to Your name, photo, social media accounts, postal or email address, or both, telephone number, personal interests, skills, and basic information about Your company. These profiles may relate to the Site or may also allow You to access 3DVIA Services, or both.
3DVIA may provide a hashed user ID to third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram, or Google) where this information is matched against the social networks’ data own data bases in order to display to You more relevant information.
- Processing based on 3DVIA legitimate interest:
- To enable 3DVIA to manage its marketing activities for similar goods and products if You are already using 3DVIA products and Services;
- To manage the 3DVIA obligations related to applicable export laws, trade sanctions, and embargoes issued, without limitation, by the European Union and its member states, and of the United States of America. This may include (i) automated checks of any user registration data as set out herein and other information You provide about Your identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when You update Your information; (iii) blocking of access to 3DVIA Services and systems in case of a potential match; and (iv) contacting You to confirm Your identity in case of a potential match;
- Processings based on the performance of a contract :
- To provide You with a personalized interactive use of the Site and Services;
- To allow You to open and maintain an account in order to obtain specialized documentation and technical assistance;
- To enable You to subscribe to a commercial or support-type service;
- To enable You to exchange with other users of the Site;
- To enable 3DVIA to manage its business relationships, including sales opportunities, commercial offers, purchasing, contracts, orders, invoices, which may include conversational data triggered via chat functionalities on the Site, contact forms, emails, and voice messaging data;
- To provide You with commercial or support-type Services;
- To enable You to make online purchases of some of our products; and
- To access all the features and options offered by the Site and Services.
Generally, when consent is not required, you cannot opt out of non-marketing related communications that are required for the relevant business relationship. With regard to marketing-related communications (e.g., emails and phone calls), 3DVIA will (i) where legally required, only send You such communications after You have opted in, and (ii) provide You the opportunity to opt out of receiving further marketing-related communications from 3DVIA.
Subject to applicable local law, by providing Personal Data such as but not limited to e-mail address, You hereby expressly authorize, 3DVIA and its affiliates and subsidiaries (“3DS Group Companies”) to use it together with other relevant Personal Data to send You commercial or marketing messages.
3DVIA might also use Your email address for administrative or other non-marketing purposes (for example, to notify You of significant changes to the Site and Services).
The projects that You have created through the Site and saved in Your account are automatically published on the Site, in order to enable visitors and other users to see and understand how the 3DVIA services can be used, and enable them to tag Your projects with a “like”. Each of Your projects will be associated to Your username and country of residence, which will be visible to visitors and other users. You expressly authorize 3DVIA to publish on the Site Your projects, associated with Your username and country of residence. The comments You post on the Site are associated to Your username.
The Site provides You with public forums where You can post comments associated to Your username. Please note that any information that You share on such public forums will become accessible to anyone; we therefore recommend You to be cautious as to which information You disclose. 3DVIA may use Your comments published on our Site regarding the HomeByMe service for publication purposes, in press articles or other media, in marketing materials and/or in social networks.
5- PERSONAL DATA RETENTION PERIOD
3DVIA does not store Your Personal Data for more time than necessary. Retention periods may vary depending on the data categories and the processing activities.
Where 3DVIA is processing and using Your Personal Data as permitted by law or under Your consent, 3DVIA will store Your Personal Data (i) only as long as required to fulfill the purposes set out above, (ii) where 3DVIA has a legitimate interest in using Your Personal Data, until You object to 3DVIA’s use of Your Personal Data, or (iii) where You gave Your consent, until You withdraw it. However, where 3DVIA is required by applicable law to retain Your Personal Data longer or where Your Personal Data is required to assert or defend against legal claims, 3DVIA will retain Your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
6- TRANSFER OF PERSONAL DATA
Please note that 3DVIA may transfer Your Personal Data outside of the European Union, as long as before transferring Your Personal Data, 3DVIA has ascertained that non-European Union entities, including 3DS Group Companies, offer an adequate level of protection in accordance with European legislation. 3DS Group Companies’ location is available at https://www.3ds.com/about-3ds/world-presence/.
7- RIGHT TO ACCESS, TO RECTIFICATION AND OTHER RIGHTS
You have a right to access Your Personal Data. In addition, you have a right to request the rectification, completion, update or erasure of Your Personal Data. You have a right to restrict processing. You also have a right to obtain a copy of Your Personal Data stored by 3DVIA. You have a right to object, in relation to specific processing of Your Personal Data. Additionally, you may have a right to data portability.
If You have an account, you can exercise Your rights by logging on to Your account. Otherwise, you may exercise Your rights by sending an email to the following address: email@example.com.
Depending on the scope of the request, 3DVIA reserves the right to charge a reasonable fee to cover any out-of-pocket costs incurred in connection with such access, modification and deletion of Personal Data. 3DVIA may deny access to Personal Data in limited circumstances, defined by applicable laws and regulations.
8- DATA RECIPIENTS
3DVIA may also disclose Your Personal Data if required by law or if 3DVIA believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of 3DVIA, 3DVIA’s customers, or the public.
If allowed by applicable law, 3DVIA may also share Your Personal Data with third parties in order to offer You targeted marketing or advertising.
9- DATA SECURITY
3DVIA undertakes to ensure the protection and security of Personal Data that You choose to communicate, in order to ensure the confidentiality of Your Personal Data and prevent Your Personal Data from being distorted, damaged, destroyed or disclosed to unauthorized parties.
3DVIA maintains reasonable physical, electronic, and procedural safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alternation and destruction. As part of those safeguards, 3DVIA employs sophisticated technology designed to protect Personal Data during its transmission and prevent transmission errors or unauthorized acts of third parties. However, while 3DVIA strives to protect Your Personal Data, in light of the inevitable risks of data transmission over the internet, 3DVIA cannot guarantee full protection against any error occurring during the course of Personal Data transmission which is beyond 3DVIA ‘s reasonable control.
Since all Personal Data is confidential, access is limited to employees, contractors and agents of 3DVIA or 3DVIA Group Companies who have a need to know such data in carrying out their tasks. All the people who have access to Your Personal Data are bound by a duty of confidentiality and subject to disciplinary actions and/or other sanctions if they fail to meet these obligations.
However, it is important for You to exercise caution to prevent unauthorized access to Your Personal Data. You are responsible for the confidentiality of Your password and information appearing on Your account. Consequently, you must ensure that You log out of Your session in the event of shared use of a computer.
The table available here provides you with the list of cookies 3DVIA uses, their retention period and their purpose.
- improve Your user experience through, for example:
- enabling a service to recognize Your device so You don’t have to give the same information several times during one task,
• recognizing that You may already have given a username and password so You don’t need to do it for every web page requested,
- Analyze traffic and data of the Site to:
measure how many people are using the Site and the Services, so they can be made easier to use and there’s enough capacity to ensure they have adequate response times,
• help 3DVIA understand how people interact with the Site and the Services so 3DVIA can enhance their functionality, content and performance to better reflect Your needs and interests.
3DVIA may also use third party services (such as Adobe Analytics, Google Analytics, Piwik, DART, LinkedIn) to perform services on its behalf, in particular to:
- analyze Your browsing habits and measure the Site audience,
- analyze Your interests and offer You targeted marketing or advertising,
- allow You to share content from the services with other people on social networks or to let these other people know what You are looking at or what You think (e.g., the “Like” button on Facebook)
In such a case, cookies provided by such third party vendors may be used and stored. By transmitting the information generated by these cookies, the cookies’ settings ensure that an IP address is anonymized before geo-localization and before storage. Our providers will use this information for the evaluation of Your use of the Site, compiling reports on the Site activity for 3DVIA, to propose better services to You that are suited to Your needs, and display advertisements You that are suited to Your needs. Cookies will not associate Your IP address with any other data they hold.
When You navigate through the Site, some information may also be collected through the use of other technologies, such as Internet tags or web beacons, and/or the collection of navigational data (log files, server logs, clickstream data).
Your Internet browser will then automatically send 3DVIA such information, such as the URL of the website that You just came from, the Internet Protocol (IP) address and the browser version Your computer is currently using, your clickstream on the website (pages that You have visited, paths taken on the site etc.).
3DVIA may use Your information collected through the Site in order to manage Your account, improve the content of the Site and the Services, communicate information to You (if You have requested such information), for our research and marketing needs, for statistical purposes and/or to identify the products and services that You are interested in.
You can set Your preferences here.
11- LINKS TO WEBSITES NOT CONTROLLED BY 3DVIA OR ITS SUBSIDIARIES
The Site and the Services might offer links to third party websites that may be of interest to You.
Unless 3DVIA receives Your express authorization, 3DVIA does not share any Personal Data with these third parties. However, 3DVIA may provide them with non-Personal Data.
3DVIA does not exercise any control over the content of third party Websites or the practices of these third parties in connection with the protection of Personal Data that they might collect and are thus not in the control of 3DVIA. It is therefore Your responsibility to inform Yourself as to these third parties’ privacy policies.
Although 3DVIA has put in place reasonable safeguards to protect Personal Data, 3DVIA recognizes that there is no method of transmitting or storing Personal Data that is completely secure.
However, 3DVIA is committed to ensure the privacy of Personal Data: if You have a reason to believe that the security of Your Personal Data has been compromised or misused, you should contact 3DVIA via the following address: firstname.lastname@example.org.
Unauthorized access to Personal Data or the improper use of Personal Data may constitute offenses under local law
If Your usual place of residence is in European Union, Lichtenstein, Norway or Iceland, you have a right to file a complaint with Your competent data protection authority.
Please note that You may also contact 3DS Data Protection Officer via the following address: 3DS.Compliance-Privacy@3ds.com.
Last modification: May 25th 2018.