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Privacy Notice

Last updated: 1st Dec, 2022

About this Privacy Notice

You deserve to be aware of how your personal data is used. Moreover, data protection laws give you certain rights over your personal data, no matter when or where it is being processed. This Privacy Notice is meant to give you information about what personal data we collect about you, how we use it, why we use it, and how you control the data processing.

Notice to California Residents:

If you are a resident of the State of California, some additional terms and rights may apply to you, and the provisions of the California Consumer Privacy Act (“CCPA”) may apply to you. This Privacy Notice describes the categories of personal information we may collect and the sources of such information, and our retention and deletion practices. We also included information about how we may process your information, which includes “business purposes” under the CCPA. We may disclose personal data to third parties or allow them to collect personal data from our service as described below, if those third parties are authorized Services Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or direct us to disclose your personal data to third parties, or as otherwise described in this Privacy Notice. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask for and obtain from us an annual list identifying the categories of personal customer information which we shared, if any, with our affiliates and/or third parties in the preceding calendar year for marketing purposes. This list will be provided free of charge. Contact information for such affiliates and/or third parties must be included. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: 4 Prof. Menakhem Plaut St, Rehovot.

If you have any questions or would like to exercise your rights under the CCPA, you can contact us at us at legal@3doptix.com.

Table of Contents

  1. The Basics: Who We Are, Our Role, and Definitions
  2. Personal Data we Collect as a Processor
  3. Personal Data We Collect as a Controller, How We Use it, and Why
  4. Our Marketing Activities
  5. Sharing the Personal Data We Collect
  6. International Transfers
  7. Security
  8. Your Rights – How to Access and Limit Our Use of Certain Personal Data
  9. Data Retention
  10. Cookies and Similar Technologies
  11. Third-Party Services
  12. Children
  13. Changes to the Privacy Notice
  1.   The Basics

1.1. Who We Are

1.1.1. Optomechanic Cube Ltd. offers 3DOptix simulation software services through our website/s. Our offices are located at 4 Prof. Menakhem Plaut St, Rehovot, and our registration number is 515666444.

1.1.2. If you have questions about our company or your privacy, or want to exercise your rights, you can contact us at legal@3doptix.com.

1.2. Our Role: Controller and Processor. Certain data protection laws, including the laws in the EU, differentiate between a party that determines why and how personal data is processed (called a “controller”) and a party that processes personal data solely on the controller’s behalf and according to the controller’s instructions (called a “processor”). That said, in respect of certain personal data, we serve as a processor. Please see the section below on Personal Data We Collect as a Processor for more information.

1.3. Definitions and Recommendations

1.3.1. When we refer to “services”, we mean 3DOptix simulation software services.

1.3.2. When we refer to “personal data”, we mean information that is defined as personal data under law. This includes information that identifies you directly or indirectly, including unique identifiers like IP addresses or cookie IDs.

1.3.3. When we refer to “you”, we mean visitors to our website/job applicants/event participants and any user of our site , as applicable.

1.3.4. This Privacy Notice is meant to be read together with our Terms of Use, which you can find at https://3doptix.com/terms-of-use. In general, we recommend that you routinely review this privacy notice and your preferences on our site.

1.4. A Note on Legal Bases. Certain jurisdictions only allow the processing of personal data where a legal basis has been established. Under the EU’s General Data Protection Regulation (“GDPR”), the possible legal bases include: your consent, the processing is necessary to perform a contract with you, the processing is necessary to fulfill our legal obligations, or a company has a legitimate business interest to process your personal data. Where we are a controller, we only collect and process data where we have established a legal basis. Below you can find more details about specific legal bases. 

 

2.   Personal Data We Collect as a Processor. We process certain personal data about our customers’ users or employees when we provide services to our customers. These may be customers who obtain enterprise licenses and/or customers who install our widget or extension on their website. In that case, we serve as a processor and the customer serves as a controller. We process that data on behalf of the relevant customer and according to its instructions. If you are an employee or user of one of our customers, we may process personal data about you that includes any materials, including any designs, you may upload to or generate on the applicable site, usage data, as well as registration data such as name, country, phone, email company and/or university affiliation. We may share this data or analytics or reports created from the same with the relevant customer. To learn more about our processing activities in this capacity or to exercise your privacy rights regarding them, please contact the applicable customer directly. Please note that the designs will be available to other users of our site and/or services (in cases of free users or if paying users opt for the same) on our warehouse. Notwithstanding the above, our paying customers may ask not to disclose such designs if they pay for the premium version of the services.

 

 

Please see below (Section 3.1.2) regarding the Activity and System Data collected from websites which embed our widget or extension. In such cases, we may be a processor of the applicable data on behalf of our customer.

3.   Personal Data WeCollect as a Controller, How We Use It, and Why. Below is a description of the types of personal data we collect, how we use it, and the reason why we consider each use lawful. You have no legal obligation to provide us with personal data, but if you don’t provide us with certain information, we may not be able to provide you with the associated services.

3.1.Website Visitors. When you visit our site (including certain remote sites that we may use), we may collect the following types of data about you.

3.1.1.  Contact Form Information – When you send us a message through the contact form on our site, we collect any data you provide, such as your name, password, display name, country, company or university affiliation, email, phone (optional) and the content of your message. When you sign up for our newsletters/mailing list we also collect your name and email address.

How We Use this Data: To respond to your message and to provide you with informational newsletters, marketing materials and updates about our products and services.

Legal Basis: We process this personal data based on the performance of a contract with you. Processing your Personal Data to share our newsletters/promotional materials is based on your consent. You may withdraw your consent at any time by emailing us at legal@3doptix.com.

                                                                             

3.1.2.  Activity and System Data (Cookies) – When you visit our site or a site which has embedded our widget or extension, we automatically collect data about your computer or mobile device, including personal data such as your IP address, device ID, browsing history (e.g. the other sites you’ve visited before ours), and your activity on our site (e.g. what pages you visited, for how long, and what links you clicked on). For more information about the cookies we use and how to adjust your preferences, see the Cookies and Similar Technologies section below.

How We Use this Data: We mainly use this data to generate aggregated analytics data about the use of the applicable site, system and/or widget so we can maintain and improve the site, system and/or widget  and develop new products or services. We also use statistical data to prevent fraud and protect the security of our site system and/or widget. Some cookies may be used to provide you with advertising for our products and services [or those of third parties], based on your preferences and interests.  One of the tools we use to collect and analyze this data is “Google Analytics”. For more information about how Google collects information and how you can control such use, see: www.google.com/policies/privacy/partners/.

Legal Basis: We process this personal data based our legitimate interests to develop and improve our products and services, and to prevent fraud. When we collect your activity data to advertise to you, we do so on the basis of our legitimate interest to market our own products and services. We will only use your personal data for marketing third parties’ products and Services if you have given your consent. You may withdraw your consent at any time by contacting us at legal@3doptix.com. We will process your request as soon as reasonably possible, however it may take a few days for us to update our records before any opt out is effective. Additional information regarding Our Marketing Activities is provided below.

3.2. Users. If you are a user of the services on our site (or certain remote sites that we may use), we collect the following information from and about you.

3.2.1.  Registration Data – In order to access our services you must first create an account. When creating an account, you will be asked to provide your name, email address, phone number, as well as the company and/or university with which you are affiliated. If you access our site using a third-party login service (such as LinkedIn or Google), we also receive personal data about you from that service, such as: your name, profile picture, email address, profile URL, Google ID, LinkedIn ID.

 

How We Use this Data: We use your registration information to allow you to access to our site, save your preferences, protect the security of our site, prevent fraud, and address any issues that arise. We use your contact details to communicate with you about our site. We also use your contact details to send you informational newsletters, marketing materials and updates about our products and services. For more information about our marketing activities and how you can control your preferences, see the section on Our Marketing Activities below.

 

Legal Basis: When we process your registration data to provide you with our services, we do so to perform a contract with you, in this case our Terms of Use. When we process your registration data to maintain our site, including to prevent fraud, protect the security of and/or address issues with our site, we do so on the basis of our legitimate interest to maintain our assets. When we use your Personal Data to send you promotional materials relating to our services, we do so based on your consent. You may withdraw your consent at any time by emailing us at legal@3doptix.com.

 

3.2.2.  Design Data. Please note that the designs that you upload or generate will be available to other users of our site and/or services (in cases of free users or if paying users opt for the same) on our warehouse. Notwithstanding the above, our paying customers may ask not to disclose such designs if they pay for the premium version of the services.

 

3.2.3.  Participation in forums/comments  – We collect any personal data that may be included in any comments that you provide, including while participating in forums.

 

How We Use this Data: We use this data in connection with the forums.

 

Legal Basis: We process the materials you provide to perform our contract with you, specifically, the Terms of Use.

 

 

3.2.4.  Payment Data – If you sign up for the premium version of our services, we receive information related to such purchase, such as the last four (4) digits of your credit card number and the type of credit card used to make the payment.

 

How We Use this Data: To process your payment and to prevent fraud.

Legal Basis: We process your payment data to perform a contract with you, specifically our Terms of Use. When we process your payment data to prevent fraud, we do so based on our legitimate interest to protect ourselves and our customers.

 

3.2.5.  Activity and System Data (Cookies) – We collect data about your device and your activity, as described more fully above in section 2.1.2, when you use our site.

 

3.3.   Job Applicants If you apply for a job with us, we collect the information you provide as part of your application and during the course of the application process. This may include your name, contact details, resume, recommendations, and any other information we may request or that you choose to share with us.

 

How We Use this Data: We use this data to process your job application, including using your contact details to contact you for scheduling purposes and to provide you with updates. We also use this data to manage our recruitment campaigns, as well as to analyze their results and improve future campaigns.

 

Legal Basis: We process your application data based on our legitimate interest to attract and assess candidates for employment.

 

3.4.   Event Participants – From time to time, we hold special events in which we may invite you to participate. If you receive an invitation, we may collect the following Personal Data from you:

 

3.4.1.  Registration Data – When you register for and participate in an event, we collect your name, contact details, and any other information we may request.

 

How we use this data: We use this data for logistical purposes, such as to help us plan the event, as well as to contact you with reminders and updates about the event and to ask for your feedback regarding the event so that we may improve future events or our services. If you consent, we may also send you marketing information about future events and other updates.

 

Legal Basis: When we process this personal data in the course of planning for and running the event, we do so in order to perform a contract with you. When we process this personal data to improve our events and services, we do so based on our legitimate interest to grow and improve our business and services. When we process this personal data to send you marketing information, we do so based on your consent. You may withdraw your consent at any time by contacting us at legal@3doptix.com.

 

3.4.2.  Event Pictures – We may hire photographers to cover certain events. Event participants may be photographed directly or may appear in the background of event photos.

 

How we use this data:

We may post event pictures, including on social media, to notify or update the public that the event took place. We may tag individuals in specific photos. We may also use the photos in other marketing materials.

 

Legal Basis: When we collect event pictures, we do so on the basis of our legitimate interest to market future events and our services.

4.   Our Marketing Activities. As described above, we may use personal data we collect for advertising and marketing purposes. We try to limit the marketing material we send to a reasonable and proportionate level. Below we describe how you can control the marketing material you receive from us.

 

4.1.   Email Marketing and Services Communications

4.1.1.  If you consent, we use your contact details to send you informational newsletters and other marketing material about our products and services if you have provided your consent. You may withdraw your consent at any time by emailing us at legal@3doptix.com. If you consent, we may also send you marketing material of our products and services as well as that of third parties. You can withdraw your consent at any time by contacting us at legal@3doptix.com.

 

4.1.2.  You can stop the delivery of all marketing emails by following the “unsubscribe” link in any messages we send you. Alternatively, you can contact us at legal@3doptix.com to request to unsubscribe.

 

4.1.3.  Note that if you are a registered user, we may need to contact you about administrative or service-related issues (such as new software release) as part of the services we provide to you. This is not marketing communication and you will continue to receive these messages even if you opt-out of marketing emails.

 

 

5.      Sharing the Personal Data We Collect. We share your personal data as follows:

 

5.1.    Affiliates. We may share your personal data, with our affiliated companies, if any where this is necessary to provide you with our products and services and so that we can manage our business, such as to keep updated records of our users.

 

5.2.      Customers. If you use our services in connection with a company that is our customer, (such as in the case of customer which installs our widget or extension on its site) that customer may have access to information about your use of our services. For example, a user with an administrator account may be able to see your data.

 

5.3.     Service Providers. Below is a list of the types of service providers we use, the service each provides, and the types of data shared with each. All service providers have agreed to confidentiality restrictions and have undertaken to use your personal data solely as we direct.

 

 

Type of Service

Description

Personal Data Shared

Cloud Computing

We use service providers that offer cloud computing services. They offer us space on their servers for us to store our files and programs, including your personal data, as well as to manage videos and images.

All personal data that we collect from you is stored on third party servers.

Customer Relationship Management (CRM)

We use an external CRM tool to help us keep track of our customers and information related to them, including their personal data.

Your name ,Display name, company /University, email address, and phone number.

Email Marketing

We use an independent vendor to send out marketing emails on our behalf.

Your name and email address.

Payment Processors

When you make a payment through our services, the transaction is processed by an independent vendor, as is the provision of the invoice.

The details of your credit card number and information with respect to the purchase.

Bookkeeping Services

We use the services of a third-party bookkeeping service to manage our financial transactions and records.

Your name, position in the company, address, and bank account information.

Analytics Providers

We use a service provider to assist us with analytics services.

Data collected automatically through our site, including IP addresses and cookie information.

Online Advertising

External service providers assist us in placement of online advertisements.

Data collected automatically through our site, including IP addresses and cookie information.

5.4.  Advertisers. When you click on an ad, whether or not it’s on our site, the relevant advertiser will be alerted that someone has visited the page on which the relevant advertisement was displayed, and may be able to identify your device by using certain technologies, like cookies. We share personal data with advertisers who collect data through our site with your consent. Advertisers are able to combine the personal data they collect independently with personal data we allow them to collect through our site.

 

5.5.     Change of Ownership. If we are looking to sell our company, liquidate assets, or merge with another, we may share your personal data with other interested parties as part of negotiations toward that transaction. In such case, or where we do sell our company, your personal data shall continue to be subject to the provisions of this Privacy Notice.

5.6.     Law Enforcement Related Disclosure. We may share your personal data with government agencies or other relevant parties, such as a law office or independent auditor: (i) if we believe that such disclosure is appropriate to protect our rights, property or safety (including the enforcement of the Terms and this Privacy Notice) or those of a third party; (ii) if required by law or court order; or (iii) as is necessary to comply with any legal and/or regulatory obligations, such as audit requirements.

 

 6.     International Transfers. Some of our service providers [and affiliates] are located in countries other than your own. When we transfer your personal data internationally, we will do so safely and securely and in accordance with applicable law.

6.1. If you are located in the EU, when we share your personal data with third parties based outside of the European Economic Area (“EEA“), we will ensure that they sign on agreements that require them to comply with applicable law, keep your data secure at similar levels to the level described in this Privacy Notice, and make sure that your data protection rights are protected. We will also implement the following safeguards:

 

6.1.1.  When we transfer your personal data to Israel, we rely on the decision by the European Commission that says that those countries are considered to provide an adequate level of data protection.

 

6.1.2.  Where we transfer your personal data to other countries, we (i) take additional security measures to protect the data and (ii) use specific contracts approved by the European Commission, known as the Standard Contractual Clauses, to give your personal data the same protection it has in the EEA.

 

6.1.3.  Please contact us at legal@3doptix.com if you would like further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.

 

7.   Security. The security of your personal data is our highest priority. We work hard to make sure that your personal data will be held securely and that it will not be shared or lost accidentally. However, it is impossible to guarantee absolute security. The security of your data also depends on the security of the devices you use and the way in which you protect your user IDs and passwords. The measures we take include:

 

7.1. Technical Measures. We use Https protocol and secure AWS servers.

 

7.2. Access Control. We limit access to your personal data only to authorized personnel who have a need to know, including customer support staff, and software developers. We review these permissions regularly and revoke an employee’s access immediately after his/her termination.

 

7.3. Internal Policies. We maintain and regularly review and update our privacy related and information security policies.

 

7.4. Personnel. We require employees to sign non-disclosure agreements according to applicable law and industry customary practice.

 

7.5. Database Backup. Our databases are backed up and verified regularly. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity.

 

8.     Your Rights – How to Control Our Use of Your Personal Data. Depending on which laws apply, you have certain legal rights over your data. Below is some general information about rights that may apply to you but we recommend checking the law or consulting with a lawyer to understand what applies in your specific case. To exercise your rights, please contact us at legal@3doptix.com. If you want to exercise your rights regarding your personal data held by other controllers you can contact the applicable controller directly. We may ask for reasonable evidence to verify your identity before we can comply with any request.

8.1. Right of Access. You may have a right to know what personal data we collect about you. We may charge you with a fee to provide you with this information, if permitted by law. If we are unable to provide you with all the information you request, we will do our best to explain why. See Article 15 of the GDPR for more details, if your personal data is subject to GDPR.

8.2. Right to Correct Personal Data. You may have the request that we update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data. See Article 16 of the GDPR for more details, if your personal data is  subject to GDPR.

8.3. Deletion of Personal Data (“Right to Be Forgotten”). If you are located in the EU, you may have the right to request that we delete your personal data. Note that we cannot restore information once it has been deleted. Even after you ask us to delete your personal data, we may be allowed to keep certain data for specific purposes under applicable law. See Article 17 of the GDPR for more details, if your personal data is subject to GDPR.

8.4. Right to Restrict Processing. If you are located in the EU, you may have the right to ask us to stop processing your personal data. See Article 18 of the GDPR for more details, if your personal data is subject to GDPR.

8.5. Right to Data Portability. If you are located in the EU, you may have the right to request that we provide you with a copy of the personal data you provided to us in a structured, commonly-used, and machine-readable format. See Article 20 of the GDPR for more details, if your personal data is subject to GDPR.

8.6.     Right to Object. If you are located in the EU, you may have the right object to certain processing activities. See Article 21 of the GDPR for more details, if your personal data is subject to GDPR.

8.7.     Withdrawal of Consent. If we are processing your data based on your consent, you are always free to withdraw your consent, however, this won’t affect processing we have done from before you withdrew your consent.

8.8.       Right to Lodge a Complaint with Your Local Data Protection Authority. If you are located in the EU, you have the right to submit a complaint to the relevant data protection authority if you have any concerns about how we are processing your personal data, though we ask that as a courtesy you please attempt to resolve any issues with us first.

 

9.      Data Retention.

9.1.     We retain your personal data as long as necessary to fulfill each of the purposes we described above.

 

9.2.     When deciding how long to store personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized access, the purposes for which the personal data was collected, as well as applicable legal requirements. Please note that we may delete information from our systems without notifying you first. Retention by any of our service providers or subcontractors may vary in accordance with each business’s retention policy.

 

9.3.     In some circumstances, we may store your personal data even after we’re finished using it if required to do so by law (e.g. to fulfill tax or audit requirements), or to keep accurate records of our interactions in case there is a prospect of litigation relating to your personal data. In such cases, we will maintain the same security measures as described above.

 

9.4.     Please contact us at legal@3doptix.comif you would like details about the retention periods for each type of personal data we process.

 

10.  Cookies and Similar Technologies.

10.1.   What are Cookies? A cookie is a small piece of text that is sent to your browser by a website you visit. This piece of text acts as a sort of tag, letting the website know that it’s you (really, your device) that’s visiting. There are other technologies that act similarly, like web beacons, pixel tags, and Device IDs for apps, but for simplicity’s sake we’ll refer to them all as “cookies”.

10.2.    Websites can place their own cookies (called “first-party cookies”) but can also place cookies from other sites (called “third-party cookies”). If your browser holds both first and third-party cookies for a given website, both the website and the third party are notified when you visit the site. We may place both first and third-party cookies on our site.

 

10.3.   How We Use Cookies. While the specific names and types of cookies we use may change from time to time, they generally fall into one of the categories listed below.

 

Cookie Type

Function

Necessary

These cookies allow the site to work correctly. They enable your access to the site, move around, and access different services, features, and tools. These cookies cannot be disabled.

Functionality

These cookies remember your settings, preferences, and other choices you make (like placing an item in a shopping cart) in order to help personalize and streamline your experience.

Performance/Analytics

These cookies collect analytical information to help us understand how you use our site, for example whether you have viewed messages, clicked on links, and how long you spent on each page. This helps us improve our site to better suit your needs.

Advertising

These cookies help advertisers show you ads. When we place advertising cookies, they help us track the efficiency of our advertising campaigns. Advertising cookies may track your browsing habits and activity when visiting our site and those of third parties and help us serve ads that are relevant and meaningful to you and your interests.

 

10.4.    Third Party Cookies. In addition to our first-party cookies, we place cookies from the following third parties:

 

Google Analytics Shopify WordPress

Please note that this list may change from time to time.

10.5.    How to Adjust Your Preferences. Most web browsers are initially configured to accept cookies, but you can change the settings so your browser refuses all cookies or certain types of cookies. In addition, you are free to delete any existing cookies at any time. Please note that some features of the services may not function properly when cookies are disabled or removed. For example, if you delete cookies that store your account information or preferences, you will be required to input these each time you visit.

 

11.  Third-Party Services. You may have access to third-party services through our services. Please note that all use of third-party services is at your own risk and subject to such third party’s terms and privacy policies. We do not take any responsibility for the performance of other services.

 

12.  Children. We do not knowingly collect personal data from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has registered without parental permission, please advise us immediately.

 

13.       Changes to the Privacy Notice. We may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way we operate our business. We will place any updates on this webpage. Please come back to this page every now and then to make sure you are familiar with the latest version.

 

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Available on January 30th, 2023