We created this Privacy Statement to demonstrate our firm commitment to the individual’s right to data protection and privacy. This Privacy Statement outlines how we handle information that can be used to directly or indirectly identify an individual (“Personal Data”).
A. General Information
When does this Privacy Statement apply? This Privacy Statement applies to Personal Data that you provide to KITWARE or which is derived from the Personal Data as outlined below. The use of any information that is gathered by cookies or other web tracking technologies is subject to the terms of our Cookies Policy.
Data Controller. The data controller of Kitware, Inc. is Kitware, Inc., 1712 Route 9, Suite 300, Clifton Park, NY 12065 (“KITWARE”).
What does KITWARE do with my Personal Data? KITWARE will process the Personal Data provided hereunder only as set out in this Privacy Statement. Where the processing of your Personal Data is based on a statutory permission, you can find information on which Personal Data KITWARE is processing or using for which purposes in Section B below. Where consent for the processing of your Personal Data is required you can find further information in Section C. below.
Duration of processing of Personal Data. Where KITWARE is processing and using your Personal Data as permitted by law or under your consent, KITWARE will store your Personal Data (i) only for as long as is required to fulfil the purposes set out below or (ii) until you object to KITWARE’s use of your Personal Data (where KITWARE has a legitimate interest in using your Personal Data), or (iii) until you withdraw your consent (where you consented to KITWARE using your Personal Data). However, where KITWARE is required to retain your Personal Data longer or where your Personal Data is required for KITWARE to assert or defend against legal claims, KITWARE will retain your Personal Data until the end of the relevant retention period or until the claims in question have been settled.
Why am I required to provide Personal Data? As a general principle, your granting of any consent and your provision of any Personal Data hereunder is entirely voluntary; there are generally no detrimental effects on you if you choose not to consent or to provide Personal Data. However, there are circumstances in which KITWARE cannot take action without certain Personal Data, for example because this Personal Data is required to provide you with requested information, enter into a contract, make comments on our blog or participate in our mailing list. In these cases, it will, unfortunately, not be possible for KITWARE to provide you with what you request without the relevant Personal Data.
Where will my Personal Data be processed? KITWARE has affiliates and third-party service providers within, as well as outside of the European Economic Area (the “EEA”). As a consequence, whenever KITWARE is using or otherwise processing your Personal Data for the purposes set out in this Privacy Statement, KITWARE may transfer your Personal Data to countries outside of the EEA, including to such countries in which a statutory level of data protection applies that is not comparable to the level of data protection within the EEA.
Data subjects’ rights. You can request from KITWARE at any time information about which Personal Data KITWARE processes about you and the correction or deletion of such Personal Data. Please note, however, that KITWARE can delete your Personal Data only if there is no statutory obligation or prevailing right of KITWARE to retain it. Kindly note that if you request that KITWARE delete your Personal Data, you will not be able to continue to use any KITWARE service that requires KITWARE’s use of your Personal Data.
If KITWARE uses your Personal Data based on your consent or to perform a contract with you, you may further request from KITWARE a copy of the Personal Data that you have provided to KITWARE. In this case, please send an email to email@example.com and specify the information or processing activities to which your request relates and the format in which you would like this information. KITWARE will carefully consider your request and discuss with you how it can best fulfill it.
Right to lodge a complaint. If you believe that KITWARE is not processing your Personal Data in accordance with the requirements set out herein or applicable EEA data protection laws, you can at any time lodge a complaint with the data protection authority of the EEA country in which you live.
Use of this website by children. This website is not intended for anyone under the age of 16 years. If you are younger than 16, you may not register with or use this website.
Links to other websites. This website may contain links to foreign (meaning non-KITWARE Entities) websites. KITWARE is not responsible for the privacy practices or the content of websites outside of KITWARE. Therefore, we recommend that you carefully read the privacy statements of such foreign sites.
B. Where KITWARE uses My Personal Data based on the Law
In the following cases, KITWARE is permitted to process your Personal Data under the applicable data protection law.
Providing the requested goods or services. If you order goods or services from KITWARE, KITWARE will use the Personal Data that you enter into the contract, Purchase Order or Purchase Form only to process your order or to provide the requested goods or service. This may include taking the necessary steps prior to entering into the contract, responding to your related inquiries, and providing you with shipping and billing information and to process or provide customer feedback and support. This may also include conversation data that you may trigger via contact forms, emails, or telephone. In this Privacy Statement, “goods and services” includes access to KITWARE’s web services, offerings, other content, non-marketing related newsletters, trainings and events.
We communicate on a regular basis by email and telephone with customers. We may use your email address to discuss contract related matters, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt out of these communications, which are not marketing-related but merely required for the relevant business relationship. With regard to marketing-related types of communication (i.e. emails and phone calls), KITWARE will (i) where legally required only provide you with such information after you have opted in and (ii) provide you the opportunity to opt out if you do not want to receive further marketing-related types of communication from us. You can opt out of these at any time by e-mailing firstname.lastname@example.org.
Ensuring compliance. KITWARE and its products, technologies, and services are subject to the export laws of various countries including, without limitation, those of the European Union and its member states, and of the United States of America. You acknowledge that, pursuant to the applicable export laws, trade sanctions, and embargoes issued by these countries, KITWARE is required to take measures to prevent entities, organizations, and parties listed on government-issued sanctioned-party lists from accessing certain KITWARE products, technologies, and services. This may include (i) automated checks of any user registration data as set out herein and other information a user provides about his or her identity against applicable sanctioned-party lists; (ii) regular repetition of such checks; (iii) blocking of access to KITWARE’s services and systems in case of a potential match; and (iv) contacting a user to confirm his or her identity in case of a potential match.
KITWARE’s legitimate interest. Each of the use cases below constitutes a legitimate interest of KITWARE to process or use your Personal Data. If you do not agree with this approach, you may object to Kitware’s processing or use of your Personal Data as set out below.
Questionnaires and surveys. KITWARE may invite you to participate in questionnaires and surveys. These questionnaires and surveys will be generally designed in a way that they can be answered without any Personal Data. If you nonetheless enter Personal Data in a questionnaire or survey, KITWARE may use such Personal Data to improve its products and services.
Creation of anonymized data sets. KITWARE may anonymize Personal Data provided under this Privacy Statement to create anonymized datasets, which will then be used to improve its and its affiliates’ products and services.
In order to keep you up-to-date/request feedback. Within an existing business relationship between you and KITWARE, KITWARE may inform you, where permitted in accordance with local laws, about its products or services (including trainings or events) which are similar or relate to such products and services you have already purchased or used from KITWARE. Furthermore, where you have attended a training or event of KITWARE or purchased products or services from KITWARE, KITWARE may contact you for feedback regarding the improvement of the relevant training or event.
Right to object. You may object to KITWARE using Personal Data for the above purposes at any time by emailing email@example.com. If you do so, KITWARE will cease using your Personal Data for the above purposes and remove it from its systems unless KITWARE is permitted to use such Personal Data for another purpose set out in this Privacy Statement or KITWARE determines and demonstrates a compelling legitimate interest to continue processing your Personal Data.
C. Where KITWARE uses My Personal Data based on My Consent
In the following cases KITWARE will only use your Personal Data as further detailed below after you have granted your prior consent into the relevant processing operations.
News about KITWARE’s Products and Services. Subject to your consent, KITWARE may use your name, email and postal address, telephone number, job title and basic information about your employer (name, address, and industry) as well as an interaction profile based on prior interactions with KITWARE – in order to keep you up to date on the latest product announcements and other information about KITWARE’s software and services (including marketing-related newsletters), as well as events of KITWARE and in order to display relevant content on KITWARE’s websites.
Creating user profiles. KITWARE offers you the option to use its web offerings including forums, blogs, and networks. 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. Kindly note that without your consent for KITWARE to create such user profiles KITWARE will not be in a position to offer such services to you.
Event profiling. If you register for an event or training, KITWARE may share basic participant information (your name, company, and email address) with other participants of the same event, seminar, or webinar for the purpose of communication and the exchange of ideas.
Revocation of a consent granted hereunder. You may at any time withdraw a consent granted hereunder by emailing firstname.lastname@example.org. In case of withdrawal, KITWARE will not process Personal Data subject to this consent any longer unless legally required to do so. In case KITWARE is required to retain your Personal Data for legal reasons your Personal Data will be restricted from further processing and only retained for the term required by law. However, any withdrawal has no effect on past processing of personal data by KITWARE up to the point in time of your withdrawal. Furthermore, if your use of an KITWARE offering requires your prior consent, KITWARE will no longer be able to provide the relevant service.
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