Privacy Policy of ShapeDiver

Applicability Of This Privacy Policy

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This Privacy Policy applies to the services (the “Services”) made available on www.shapediver.com and other websites owned by us (the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, mobile or desktop applications, etc.) you may have with us. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of our business.

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This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Website (“Third Party Services”), or any other third party products, services or businesses. In addition, the Customer Terms of Service, the User Terms of Service, the Terms and Conditions Shapediver Software Support Services, the Acceptable Use Policy, the Website Terms of Use, and, if applicable, any other agreement between you and us related to the Services, govern delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Workspace Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls its instance of the Services (its “Workspace”) and any associated Workspace Data. If you have any questions about specific Workspace settings and privacy practices, please contact the Customer whose Workspace you use. If you have received an invitation to join a Workspace but have not yet created an account, you should request assistance from the Customer that sent the invitation.

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“We,” “our” and “us” refer to the person specified in Art. XV.

Information we collect and receive

Workspace Data.

Customers or individuals granted access to a Workspace by a Customer ("Authorized Users") routinely submit Workspace Data [A1] [A2] [A3] to us when using the Services.

​Other Information.

We also collect, generate and/or receive other information and data (“Other Information”):

Workspace and Account Information.

To create or update a Workspace account, you or your Customer (e.g., your employer) supply us with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services provide us, or our payment processors, with billing details such as credit card information, banking information and/or a billing address ("Account Data").

Usage Information.

Services Metadata.

When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, we may log the Workspaces, channels, people, features, content and links you view or interact with, the types of files shared, and what Third Party Services are used (if any).

Log data.

As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.

Device information.

We collect information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.

Location information.

We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.

Cookie Information.

We only use strictly necessary cookies that are essential for the functioning of our Website and enable basic features such as page navigation and access to secure areas. These cookies do not collect any personal information. We do not use any non-essential cookies, including those for tracking or marketing purposes. By using our website, you consent to the use of these strictly necessary cookies.

Third Party Services.

A Customer can choose to permit or restrict Third Party Services for its Workspace. Typically, Third Party Services are software that integrate with our Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Workspace. We may also develop and offer our own applications that connect the Services with a Third Party Service. Once enabled, the provider of a Third Party Service may share certain information with us. For example, if a cloud storage application is enabled to permit files to be imported to a Workspace, we may receive the user name and email address of Authorized Users, along with additional information that the application has elected to make available to us to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to us. When a Third Party Service is enabled, we are authorized to connect and access Other Information made available to us in accordance with our agreement with the Third Party Provider and any permission(s) granted by Customer, including, by its Authorized User(s). We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.

Third Party Data.

We may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

Additional Information Provided to Us.

We also receive Other Information when submitted to our Websites or in other ways, such as if you participate in a focus group, contest, activity or event, apply for a job, enroll in a certification program or other educational program hosted by us or a vendor, request support, interact with our social media accounts or otherwise communicate with us.

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Generally, no one is under a statutory or contractual obligation to provide any Workspace Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if certain Information, such as Workspace setup details, is not provided, we may be unable to provide the Services.

How We Use Information

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We will use Workspace Data in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. We are a processor of Workspace Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Workspace, assign roles and configure settings, access, modify, export, share and remove Workspace Data and otherwise apply its policies to the Services.

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We use Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, we use Other Information:

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​to provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User's request;

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as required by applicable law, legal process or regulation;

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​to communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond;

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to develop and provide search, learning and productivity tools and additional features. We try to make the Services as useful as possible for specific Workspaces and Authorized Users;

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to send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about our business. These are marketing messages, so you can control whether you receive them. If you have additional questions about a message you have received from us, please reach out through the contact mechanisms described below;

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for billing, account management and other administrative matters. We may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments; and

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​to investigate and help prevent security issues and abuse.

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If Information is aggregated or de-identified, so that it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

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We will retain Workspace Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings. Customer may also apply different settings to messages, files or other types of Workspace Data. The deletion of Workspace Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information.

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We may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for us to pursue legitimate business interests, conduct audits, comply with, and demonstrate compliance with, legal obligations, resolve disputes, and enforce our agreements.

How We Share And Disclose Information

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This section describes how we may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and we do not control how they or any other third parties choose to share or disclose Information.

Customer's Instructions.

We will solely share and disclose Workspace Data in accordance with a Customer's instructions, including any applicable terms in the Customer Agreement and Customer's use of Services functionality, and in compliance with applicable law and legal process.

Displaying the Services.

When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Workspaces. For example, an Authorized User's email address may be displayed with their Workspace profile.

Customer Access.

Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Workspace activity, or accessing or modifying your profile details.

Third Party Service Providers and Partners.  

We may engage third party companies or individuals of as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services, or we may share business information to develop strategic partnerships with Third Party Service providers to support our common customers. Prior to engaging any third party Subprocessor, we perform diligence to evaluate their privacy, security and confidentiality practices, and if necessary, execute an agreement implementing its applicable obligations.

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We may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:

Third Party Services.

Customer may enable or permit Authorized Users to enable Third Party Services. We require each Third Party Service to disclose all permissions for information access in the Services, but we do not guarantee that they do so. When enabled, we may share Other Information with Third Party Services. Third Party Services are not owned or controlled by us and third parties that have been granted access to Other Information may have their own policies and practices for its collection, use, and sharing.

Corporate Affiliates.

We may share Other Information with our corporate affiliates, parents and/or subsidiaries.

During a Change to our Business.

If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.

Aggregated or De-identified Data.

We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes.

To Comply with Laws.

If we receive a request for information, we may disclose Other Information, if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

To enforce our rights, prevent fraud, and for safety.

To protect and defend the rights, property, or safety of ourselves or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

With Consent.

We may share Other Information with third parties when we have consent to do so.

Security

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We take security of data very seriously. We work hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, we cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.

Age Limitations

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To the extent prohibited by applicable law, we do not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

Changes To This Privacy Policy

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We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, we will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

International Data Transfers

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We may transfer your Personal Data to countries outside the European Economic Area (EEA). In this case we ensure that the level of protection specified by the GDPR is maintained.

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The processing pursuant to § 9.1 is based on a data processing contract that contains the standard contractual clauses, published by the Commission of the European Union

Identifying The Data Controller And Processor

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Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Workspace Data and Account Data. In general, we are the processor of Workspace Data and Account Data, and the controller of other types of Other Information.

Your Rights

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Individuals located in certain countries, including the European Economic Area and the United Kingdom, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. We will strive to let you do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact the Customer who controls your workspace for additional access and assistance.

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To the extent that our processing of your Personal Data is subject to the General Data Protection Regulation, or applicable laws covering the processing of Personal Data in the United Kingdom, we rely on our legitimate interests, described above, to process your data. We may also process Other Information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to our use of your Personal Data for this purpose at any time.

Your California Privacy Rights

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This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

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For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see Art. II. We collect this information for the business and commercial purposes described in Art. III. We share this information with the categories of third parties described in Art. V. We do not sell – as such term is defined in the CCPA – the personal information we collect and will not sell it without providing a right to opt out.

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Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect, including how we use and disclose this information, to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

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California consumers may make a request pursuant to their rights under the CCPA by contacting us at privacy@shapediver.com. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Data Protection Authority

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Subject to applicable law, you also have the right to

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restrict our use of Other Information that constitutes your Personal Data; and

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lodge a complaint with your local data protection authority or the Austrian Data Protection Authority, which is our lead supervisory authority in the European Union. If you are a resident of the European Economic Area and believe we maintain your Personal Data within the scope of the General Data Protection Regulation (GDPR), you may direct questions or complaints to our lead supervisory authority:

Austrian Data Protection Authority (Datenschutzbehörde)
Barichgasse 40-42, 1030 Vienna, Austria / Europe

Telephone: +43 1 52 152-0
E-Mail: dsb@dsb.gv.at

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If you are a resident of the United Kingdom and believe we maintain your Personal Data within the scope of the applicable laws relating to personal data in the United Kingdom, you may direct questions or complaints to the UK supervisory authority, the Information Commissioner’s Office.

Contact Information

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Please also feel free to contact us if you have any questions about this Privacy Policy or our practices, or if you are seeking to exercise any of your statutory rights. We will respond within a reasonable timeframe. You may contact us at privacy@shapediver.com or at our mailing address below:

ShapeDiver GmbH
Am Heumarkt 4
1030 Wien
Austria