Privacy Statement

Effective date: 5 May 2022

1. Introduction

Enscape GmbH (“Enscape”, “us”, “we”, or “our”), based at An der Raumfabrik 33b, 76227 Karlsruhe, Germany, operates the Enscape website https://enscape3d.com/ (“Website”) and provides Enscape’s real-time rendering and virtual reality software (“Product”) (collectively referred to as the “Services”). The protection and security of your personal data is important to Enscape. Personal data means data about a living individual who can be identified from that data (or from that and other information either in our possession or likely to come into our possession) (“Personal Data”). This Privacy Policy (“Policy”) tells you how we collect, use, share and protect your Personal Data which is collected through our Services. If you are one of our partners or resellers, this Policy also tells you how we process the Personal Data of our contacts in your company.

If you do not agree with this Policy or any part thereof, you should not access or use any part of the Services. If you change your mind in the future, you must stop using the Services and you may exercise your rights in relation to your Personal Data as set out in this Policy.

2. Personal Data Collection and Use

We obtain Personal Data about you from various sources as described below.

Personal Data You Provide to Us

• Account Information: when you create an account with us to use the Enscape Community Forum, or otherwise as a customer, we will collect your email address, username and password, and avatar or photo should you choose to provide one for the Forum. We will also collect any content you generate through use of the Forum, such as your public posts and private messages. 
• Contact Information and Other Information you Choose to Provide: you have the ability to provide a variety of information during your interactions with us, such as through emails or other communications, including when you enquire about our Services. When you contact us via a contact form, email, or other means, you provide us with Personal Data, such as your name, contact details and the content of your communications. When you sign up for a webinar, virtual event or free Product trial you provide Personal Data such as name, email address, industry, company, job role and phone number.
• Support Information: when you request technical support services, we will process your Personal Data such as your name and the contact details you use to contact us, as well as information on the reasons for your support request, and any additional information you may provide in that context.
• Payment Information: when you purchase a subscription to one of our Products via the Website, you provide us with your email address, name, address and company. We also collect your credit card information, solely for the purpose of fulfilling your payment request. To process these payments we use third party payment processors.  These payment processors process your personal data, including payment information, in accordance with their own privacy policies.  We also collect records of any transactions you make.
• Candidate Information: if you apply for a job via the Website careers portal, you provide application information including your name, contact details, CV information, references, certificates and job expectations.
• Partner and Reseller Data: if you are Enscape’s partner or reseller, we process the Personal Data of our business contacts at your company, including name, email address and phone number.

Where applicable, we may indicate whether and why you must provide us with your Personal Data as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain Personal Data in order for us to provide the Services to you.

Information Collected via Automated Means

• Cookies and Similar Technologies: we collect Personal Data via cookies, pixel tags, or similar technologies on our Services (collectively referred to as “cookies”), including for conducting analytics and advertising. For more information on our use of cookies, please read our Cookie Policy.
• Usage and Device Data: when you access and use the Services, we receive and store information about interactions with our Services, such as settings used, timestamps showing frequency and duration of use, and statistics. We also collect information regarding your device, such as your system environment (including software, CAD and operating systems, graphics card CPU and memory versions) and device identifiers.

Information We Receive from Third Parties

• Partners and Resellers: if you reach out to one of our resellers or partners about Enscape Products, our resellers and partners will provide us with your Personal Data to allow us to provide the Products and support to you, including your name, contact details, and details of your subscription.

• Publicly available resources: we collect information from publicly available resources, such as the names of company directors from companies’ registers. 

• Other Third Parties: we obtain Personal Data about you from other third parties for the purposes set out in this Policy, including from references and background check agencies if you apply for a job with us.

• Social Networking Services: We have “fan pages” on social media sites like Facebook, Twitter, LinkedIn, Instagram, YouTube (“Social Media Pages”) in order to provide customers, partners, or other interested parties with up-to-date information about our company and to get in contact with them. Information that you may provide through the Social Media Pages is collected by the provider of the relevant social media platform. The companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. We recommend that you contact the respective platform provider to learn more about the platform’s use of your Personal Data when visiting Social Media Pages. 

3. How and Why we Use Your Personal Data

To the extent we collect Personal Data from you, as described in this Privacy Policy, we use such information for the purposes, and rely on the legal bases, listed below. Note, that in certain circumstances detailed below, we will process Personal Data on more than one legal basis depending on the specific purpose for which we are using your Personal Data.

In some instances, as set out below, we have a legitimate business interest in processing your Personal Data. We only rely on legitimate interest as a legal basis when such legitimate interests are not overridden by your interests or your fundamental rights and freedoms and we ensure we comply with any request you make to exercise your rights.

If where we are processing your Personal Data to perform our contract with you you do not provide the Personal Data, we may not be able to conclude or fulfill our contract with you.

4. How we Share your Personal Data

In some circumstances we will disclose Personal Data about you:

• • Affiliates: affiliates and subsidiaries of Enscape may receive your Personal Data. 
  • Other Users of the Enscape Community Forum: when you use the Enscape Community Forum your profile, including your username which does not need to be linked to your real name, and a photo or avatar should you choose to add one, will be visible to other users of the Forum, as will any messages you choose to post and messages you like.
  • Service Providers: we work with third parties to provide services such as hosting, maintenance and support. These third parties may have access to or process your Personal Data as part of providing these services to us. For the purposes described above we engage providers of website analytics, hosting and cloud computing services and other IT services, moderation services, consultancy services, regulatory services, legal services, event software providers, customer support services, advertising services and payment processing services in addition to other administrative services.  Where you apply for a job with us, we use a providers of an HR portal.  
  • Advisors: we work with various advisors, including tax consultants and legal advisors, with whom we may share your Personal Data.
  • Resellers and Partners: we may share Personal Data such as name and contact details with our resellers and partners, including for the purposes of marketing, sales and the provision of the Product.
  • Legal: information about our users, including Personal Data, will be disclosed to law enforcement agencies, regulatory bodies, public authorities or pursuant to the exercise of legal proceedings if we are legally required to do so, or if we believe, in good faith, that such disclosure is necessary to comply with a legal obligation or request, to enforce our terms and conditions, to prevent or resolve security or technical issues, or to protect the rights, property or safety of Enscape, our users, a third party, or the public.

• Business Transaction: if Enscape is involved in a merger, acquisition or asset sale, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data may be transferred including as part of any due diligence process. 

• Aggregated Information: we may use and disclose aggregated or otherwise anonymised information for any purpose, unless we are prohibited from doing so under applicable law.

• Facebook Custom Audiences: Our Website uses the Facebook remarketing function “Custom Audiences” from Facebook Ltd (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; http://www.facebook.com/policy.php) (“Facebook”). This enables users of the Website to be shown interest-based advertisements (“Facebook ads”) as part of their visit to the Facebook social network or other websites that use the process. When Facebook Custom Audiences is integrated, your browser automatically establishes a direct connection with the Facebook server and Facebook receives notification that you have accessed the relevant pages on our Website or clicked on an ad from us.  f you are signed up for a Facebook service, Facebook can assign the visit to your account. Even if you have not signed up or are not logged in to Facebook, it is possible for the provider to identify and store your IP address and other identification features. The “Facebook Custom Audiences” function can be deactivated here and (by registered users) at https://www.facebook.com/settings/?tab=ads#https://www.facebook.com/settings/?tab=ads#_. We have no control over the extent and further use of data that is generated when Facebook uses this tool.
  For more information about data processing by Facebook, see https://www.facebook.com/about/privacy.  [We may also, with your consent, share your email address with Facebook for the same purposes.] 

5. Exercising Your Rights

You have the following rights in relation to your Personal Data, as provided under applicable law, and subject to any limitations in such law:

• access the Personal Data we hold about you; 
• request we correct any inaccurate Personal Data we hold about you; 
• request we delete any Personal Data we hold about you; 
• restrict the processing of Personal Data we hold about you; 
• object to the processing of Personal Data we hold about you; and/or 
• receive any Personal Data we hold about you in a structured and commonly used machine readable format or have such Personal Data transmitted to another company.

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email or by contacting us at info@enscape3d.com. You may continue to receive service-related and other non-marketing emails.

Where you have been asked to consent to the processing of your Personal Data, you can withdraw consent, including by contacting us using our contacts details below. Any withdrawal of consent will not affect the lawfulness of the processing based on your consent before the withdrawal. Please also note that where you withdraw consent, we will only stop processing your Personal Data that relates to the withdrawal of consent.

To exercise any of your rights in connection with your Personal Data, please contact us using the contact information in the “Contact Us” section below. Please note that we may ask you to verify your identity before responding to such requests. In addition, we may have valid legal reasons to refuse your request and will inform you if that is the case. Note that applicable laws contain certain exceptions and limitations to each of these rights.

You may also lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where you believe an incident took place.

6. International Data Transfers

Your information, including Personal Data, may be accessed from and transferred outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.  If you are based in the United Kingdom, the EEA or Switzerland, this means that your Personal Data may be transferred outside of the United Kingdom, the EEA and Switzerland, including to our affiliates and service providers in the United States  Please note that these counties may not provide the same protections as the data protection laws in the United Kingdom and/or the EEA. 

If we transfer your Personal Data internationally, we will ensure that relevant safeguards are in place to afford adequate protection for your Personal Data and we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision or on contractual protections for the transfer of your Personal Data. For more information about how we transfer Personal Data internationally, please contact us as set out in the “Contact Us“ section below.

7. Children’s Privacy

Our Services are not directed to children, and we do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us as set out in the “Contact Us” section below. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

8. Retention of Personal Data

We retain your Personal Data only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with applicable laws or until you withdraw your consent (where applicable). 

To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. 

9. Security of Personal Data

We have implemented administrative, technical and physical safeguards to protect the confidentiality, integrity and availability of your Personal Data. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you think your account has been compromised, please contact us as soon as possible, using the contact details in the “Contact Us” section below.

The transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk.

10. Do Not Track 

Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit.  We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

11. Links to Other Sites

The Website may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

12. Changes and Updates to this Policy

We may update our Policy from time to time. We will notify you of any changes by posting the new Policy on this page.

If we make material changes, we will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

13. Complaints

If you wish to lodge a complaint about how we process your Personal Data, please contact us at datenschutzanfragen@xdsb.de. We will endeavor to respond to your complaint as soon as possible. You may also lodge a claim with the data protection supervisory authority in the EU country in which you live or work, or in the UK, or where you believe we have infringed data protection laws.

14. Contact Us

Enscape is the entity responsible for the processing of your Personal Data, and for the purpose of the European Union’s General Data Protection Regulation and the UK equivalent of the same, is the data controller in respect of the processing of your Personal Data.  If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Data, please contact us at info@enscape3d.com, +49 721/132 060-60, or An der Raumfabrik 33b, 76227 Karlsruhe, Germany. Alternatively, please contact our data protection officer at datenschutzanfragen@xdsb.de.

If you are based in the UK, you may also contact our UK data protection representative at chaos@datarep.uk