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PERSONAL DATA PROTECTION POLICY

1. Data Controller and Purpose of data processing

In compliance with the provisions of the 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 "General Data Protection Regulation" or “GDPR”), we inform you that INNOVMETRIC SOFTWARE INC., and POLYWORKS EUROPA S.A.S., company entirely owned by the first one, process the personal data provided by you for the purpose of managing the contractual relationship established with you (or, where appropriate, with your company) and all those data resulting from the development of said contractual relationship; as well as for commercial or direct marketing purposes to advertise and promote their products and services, and to inform you about events related to such products and services (annual conferences and tradeshows).

The companies responsible for data processing (the Data Controllers) are:

It should be noted that INNOVMETRIC SOFTWARE INC. has appointed POLYWORKS EUROPA S.A.S., whose contact information are indicated below, as its representative in the European Union in compliance with the provisions of Article 27 of the General Data Protection Regulation.

We also inform you that, under the contractual relationship established with you (or, as the case may be, with your company), we will also send you commercial communications by email to advertise and promote our products and services, and to inform you about events related to said products and services (annual conferences and tradeshows).

In any case, we remind you that you can object to the processing of your personal data for commercial or direct marketing purposes, as well as in particular to the sending of commercial communications by electronic means through the exercise of your Right to Object by sending a regular mail either to INNOVMETRIC SOFTWARE INC. (with registered office at 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada, G1N 4N6), or to POLYWORKS EUROPA S.A.S., company which in turn is the representative appointed by INNOVMETRIC in the European Union (with registered office at 62 rue de la Chaussée d’Antin, 75009 Paris, France), or by sending an email to either of the following addresses: privacy@innovmetric.com , privacy.fr@polyworkseuropa.com

2. Legitimization of data processing

The legal basis that enables the Companies abovementioned to process your personal data in order to be able to manage the contractual relationship is in fact the execution of said contractual relationship.

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 keep you informed of any new developments that may be of interest to you, and to maintain contact for commercial purposes with you to be able to establish new business relationships in the future with you (or, where appropriate, with your company).

3. Duration of data processing

Your personal data necessary for the management of the contractual relationship will be processed during the time necessary for the execution of the Contract and as long as that contractual relationship remains in force.

Likewise, 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).

4. Recipients (Disclosure of data or Data processing by way of a Processor)

The Companies responsible for data processing (the Data Controllers) may not disclose your personal data to third parties unless they are required to do so under a legal obligation.

However, your personal data may be accessed by 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 by other Distributors of the "POLYWORKS®" software located within the European Union. The purpose of the access to your data by said companies, if any, would be to enable these Companies (i) to provide the Data Controllers a set of services beneficial to you and (ii) to provide you with technical support and maintenance services related to the software in your own language and from a location closer to yours.

In the specific case that you are based in Poland, your data may also be processed by a Polish company, on behalf of the Data Controllers, which will provide you with training, technical support and personalization services related to the software and will send you Newsletters and information about our services and products. The Data Controllers assign the provision of these services to said Polish company so that you can be provided with them in your own language and from a location closer to yours.

Finally, we also inform you that those companies to which the Data Controllers have outsourced the services of hosting and events management (marketing companies) may have access to your personal data.

Part 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 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 of the Data Subject rights: right of access, right to rectification, right to erasure, right to object, right to restriction of processing, 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:

  1. Right of access: Under the exercise of this right you are entitled to obtain from us confirmation as to whether or not we have personal data concerning you, and, where that is the case, to 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 your 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.

  2. Right to rectification: We must rectify inaccurate personal data and complete incomplete personal data at your request. However, this right is subject to the limits provided for in article 16 of the GDPR.

  3. 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.

  4. 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.

  5. 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.

  6. 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 regarding one of the purposes for data processing provided for herein. This right is stated in said article 21 of the GDPR.

  7. 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 to receiving commercial communications by electronic means, by sending a regular mail either to INNOVMETRIC SOFTWARE INC. (with registered office at 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canada, G1N 4N6), or to POLYWORKS EUROPA S.A.S., company which in turn is the representative appointed by INNOVMETRIC in the European Union (with registered office at 62 rue de la Chaussée d’Antin, 75009 Paris, France), or by sending an email to either of the following addresses: privacy@innovmetric.com ; privacy.fr@polyworkseuropa.com

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.