PRIVACY POLICY

Effective Date: 23 December 2021

Name and address of controller

The controller (also referred to as "Maxon"; "we", "us" or "our") in accordance with the General Data Protection Regulation (GDPR) and other national data protection regulations of European Union Member States as well as other data protection regulations is:

Maxon Computer GmbH
Max-Planck-Str. 20
61381 Friedrichsdorf, Germany

With respect to Facebook Custom Audience, Maxon and Facebook Ireland Ltd. jointly determine the purposes and means of processing of personal data, i.e. they are so-called joint-controllers. For further details please see the section on Facebook Custom Audience below.

You may contact the controller at [email protected] with respect to questions about this Data Protection Declaration, the processing of your personal data in general and to exercise your rights towards the controller as outlined in the section on the rights of data subjects below.

Name and address of data protection officer

The data protection officer of the controller is:

Christoph Kluss, Rechtsanwalt
Haaß & Kluss
Martorffstr. 5
60320 Frankfurt am Main, Germany
Phone: +49 69 562095
Email: [email protected]

General Data Processing

Scope of processing of personal data

We process personal data that we receive in the course of your visit to our Website, if you contact us or use our services.

Legal basis for the processing of personal data

When processing personal data, we rely on the following legal bases:

  • the performance of a contract to which the affected person (the "data subject") is a party, Art. 6 para. 1 sentence 1 lit. b GDPR (this also applies to processing operations that are necessary for the implementation of pre-contractual measures)
  • legitimate interests of our company or a third party, Art. 6 para. 1 sentence 1 lit. f GDPR, provided that the interests, fundamental rights and freedoms of the data subject do not override the former mentioned interests
  • fulfillment of legal obligations to which our company is subject, Art. 6 para. 1 sentence 1 lit. c GDPR
  • consent, Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR

The purposes for which we process personal data, relevant legal bases and specific legitimate interests (where legitimate interests are the basis for processing) are stated further below.

Data processing by processors

  • In some cases, we use external service providers to process personal data (e.g., service providers for customer management, service providers for invoice management, IT service providers). These have been carefully selected by us and commissioned in accordance with data protection requirements, are bound by our instructions and are regularly monitored.

Transfer of personal data to other external recipients (third parties)

Various external recipients, which are not engaged as processors as outlined in the section above "Data processing by processors", may receive your personal data. Such external recipients are also called third parties. A data transfer to these external recipients may take place for the performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR), if a corresponding consent has been given (Art. 6 para. 1 sentence 1 lit. b , Art. 7 GDPR), based on our legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR) or if it is required by law (Art. 6 para. 1 sentence 1 lit. c GDPR).

Recipients within the company group

NEMETSCHEK SE - Konrad-Zuse-Platz 1 - 81829 Munich - Germany

Maxon Computer Inc. - 515 Marin St., Ste 322, Thousand Oaks, CA 91360 - USA

Maxon Computer Ltd. - 114 High Street, Cranfield - Bedfordshire, MK43 0DG - United Kingdom

Maxon Computer Canada Inc. - 434, rue St.-Pierre, bureau 400, Montréal, Québec, H2Y 2M5 - Canada

Maxon Computer KK - Hiroo 5-22-3, Hiroo Nishikawa Bldg. 2F - 150-0012 Shibuya-ku, Tokyo – Japan

Maxon may transfer personal data within the company group for the processing purposes listed in the section "Specific purposes of processing (including legal bases and legitimate interest)".

Legal basis for the processing of personal data in this context is consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR), insofar as we have obtained consent for such processing, the performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR), insofar as the processing is related to a contract with the person whose data is transferred, or our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in transferring the data within the company group for internal administrative purposes.

Transfer of personal data to partner companies (resellers/distributors)

  • For contractual purposes

    A transfer of your personal data to third parties may be necessary for the provision of the service. Your personal data will then be transferred to the authorized distributor or reseller who is responsible for your geographic region and for the provision of services. According to your language selection on the website, your personal data will be forwarded to one of these distributors or resellers.

    The legal basis for the transfer of your personal data in this case is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR).
  • For advertising purposes

    Your personal data will only be transferred to third parties for advertising purposes with your express consent. Your personal data will then be transferred to the authorized distributor or reseller who is responsible for your geographic region. This distributor will then send you general information in connection with Maxon products via email. According to your language selection on the website, your personal data will be forwarded to one of these distributors or resellers.

    The legal basis for the forwarding of your personal data for advertising purposes is consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR).

    You can withdraw your consent to the forwarding of your personal data for advertising purposes at any time with effect for the future. An informal communication, e.g., by email, is sufficient for the withdrawal of consent. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal (see also "Rights of data subjects").

Other external third party recipients

  • We may transfer personal data to third parties (e.g. authorities, courts, lawyers, auditors) where necessary to safeguard our rights or comply with legal obligations to which we are subject.

    The legal basis for the forwarding of your personal data for the purpose of safeguarding our rights is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in establishing, exercising and defending legal claims. The legal basis for the forwarding of your personal data for the purpose of complying with legal obligations to which we are subject is compliance with the respective legal obligations (Art. 6 para. 1 sentence 1 lit. c GDPR).

Transfer to third countries

A transfer of personal data to countries outside the European Economic Area (EEA) only takes place if the requirements of Art. 44 et seq. GDPR are met. A third country is a country outside the European Economic Area (EEA) in which the GDPR is not directly applicable.

We transfer your personal data to the USA or other third countries only if either

  • An adequacy decision has been adopted by the EU Commission with respect to the relevant third country (Art. 45 para. 1 GDPR), which particularly is the case for Canada (regarding commercial organizations), Japan and the United Kingdom;
  • sufficient guarantees are provided by the recipient in accordance with Art. 46 GDPR for the protection of the personal data – for example, the conclusion of standard contractual clauses between us and the recipient with appropriate additional security measures (Art. 46 para. 2 lit. c GDPR) or binding internal data protection rules approved by the competent data protection authorities (Art. 46 para. 2 lit. b GDPR); in this way, the recipient assures us that it will provide sufficient protection for the data and thus ensure a level of protection comparable to the GDPR; or
  • one of the exceptions listed in Art. 49 GDPR applies – for example, your explicit consent (Art. 49 para. 1 lit. a GDPR) or if the transfer is necessary for the fulfillment of contractual obligations between you and us (Art. 49 para. 1 lit. b GDPR).

The EU Commission has not issued an adequacy decision for the USA pursuant to Art. 45 para. 1 GDPR. According to the European Court of Justice in its judgment of 17 July 2020 (Case C-311/18, "Schrems II"), there is no level of data protection in the USA that would be comparable to that in the EU. When personal data is transferred to the U.S., there is a risk that U.S. authorities may gain access to the personal data on the basis of the PRISM and UPSTREAM surveillance programs based on Section 702 of FISA (Foreign Intelligence Surveillance Act) and on the basis of Executive Order 12333 or Presidential Police Directive 28. According to the European Court of Justice, EU citizens have no effective legal protection against such access in the USA or the EU. Due to this, we intend – where necessary – to agree on additional security measures with relevant recipients to ensure an adequate level of data protection.

If you would like to receive further information on international transfers of personal data or a copy of the relevant guarantees (Art. 46 GDPR) referenced above, please contact us at [email protected].

Specific purposes of processing (including legal bases and legitimate interests)

Functions of the website

If the user visits or uses our website purely for informational purposes, i.e., if they do not register or otherwise transmit information to us, we only collect the personal data that the user's browser or device transmits to our server. If the user wishes to view our website, we collect the following data, that is technically necessary for us to display our website to the user and to ensure stability and security:

  • IP address,
  • Date, time and duration of the visit,
  • Content of the request (specific page),
  • Access status/http status code,
  • Website from which the request comes,
  • Browser,
  • Operating system.

The legal basis for the processing of personal data for the use of our website are our legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR) in making the website available in order to present and develop our business and in resolving disruptions regarding our website and ensuring the security of the website and our systems.

The processing of personal data is technically necessary for us to display our website to the user and to ensure stability and security.

Registration on our website

On our website, we offer users the opportunity to register by providing personal data. The data is entered and transmitted to us and stored. Mandatory data for registration on our website are the user's first and last name, the user's email address and the country in which the user is located.

a. At the time of registration, the following personal data is processed:

  • First and last name,
  • Email address,
  • Country in which user is located,
  • (optional) Phone number,
  • (optional) Language.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information on this can be found under "Data processing by Processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data for registration on our website is performance of a contract, including implementation of pre-contractual measures (Art. 6 para. 1 sentence 1 lit. b GDPR).

The registration of the user is necessary for the provision of certain content and services and for the implementation of pre-contractual measures and the fulfillment of contracts. The user must register for a MyMaxon account in order to download the trial version of Cinema 4D. Likewise, the user must register for a MyMaxon account in order to be able to purchase licenses of our products. These are then available for the user to download in their user account.

The personal data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected (or otherwise processed) and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims. This is generally the case for the personal data collected during the registration process when the registration on our website is cancelled or modified.

b. The personal data collected during the registration process for a MyMaxon account will in individual cases be linked to personal data collected in other systems. Detailed information on the linking of personal data can be found further down in this data protection declaration for the respective system.

Downloading and activating a trial version

Users can download and activate a trial version of our products on our website. To do so, the user must register on our website.

In addition to the data processed during registration on our website, the following personal data is processed:

  • System/Machine ID.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information on this can be found under "Data processing by Processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data for registration on our website is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR). Exceptionally, to the extent personal data of persons, who are not our contractual partners, will be processed in this context (e.g. contact persons at business customers), the legal basis is our and our contractual partner's legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in efficiently and productively carrying out the contract between us and the contractual partner.

The processing of personal data in the context of downloading and activating the trial version serves to ensure that a person downloads the respective trial version of a program version only once.

The personal data is deleted as soon as it is no longer required to achieve the purpose for which it was collected (or otherwise processed) and there are no legal – in particular trade and tax law – obligations to retain it and they are not required for the establishment, exercise or defense of legal claims.

In order to activate the trial version, users must consent to receiving advertising and to the forwarding of their data to authorized distributors or resellers responsible for them geographically.

Further information on data processing in connection with the granting of advertising consent by the user can be found under "Other advertising". Further information on the transfer of data to distributors/resellers can be found under "Transfer of personal data to external recipients".

Purchase of licenses online

Users can purchase licenses of our products online. The prerequisite for this is registration on our website.

Note: The purchase itself as well as the payment will be processed accordingly by the external service providers Digital River Ireland Limited, with offices at Unit 153, Shannon Free Zone, Shannon, Co. Clare, Ireland or Digital River, Inc., with offices at 10380 Bren Road West, Minnetonka, MN 55343, USA or Digital River Japan KK, with offices at 160-0023 東京都 Tokyo, Shinjuku Mitsui Building #2, 3-2-11, Nishi-Shinjuku, depending on the country in which the customer is located; customers from the US and South America are processed by Digital River, Inc., customers from Japan are processed by Digital River Japan KK, Customers from the rest of world are processed by Digital River Ireland Limited. The latter will also be the contractual partner. Digital River Ireland Limited respectively Digital River, Inc. respectively Digital River Japan KK are each a separate controller with respect to processing of your personal data in the context of the purchase.

In addition to the data processed during registration on our website, the following personal data is processed:

  • First and last name of the customer,
  • Address.

With respect to purchases on http://pixologic.com/, the following personal data may additionally be processed:

  • Billing address,
  • Credit card information (however, after a transaction, the financial information (credit cards, CVC, etc.) will not be stored on our servers).

When requesting support with respect to our products, the following personal data may additionally be processed:

  • Software details,
  • Hardware details,
  • Company name.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information on this can be found under "Data processing by processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data in the context of the purchase of licenses of our products and support related thereto is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR). Exceptionally, to the extent personal data of persons, who are not our contractual partners, will be processed in this context (e.g. contact persons at business customers), the legal basis is our and our contractual partner's legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in efficiently and productively carrying out the contract between us and the contractual partner.

The processing of personal data during the purchase of licenses of our products via our website serves the execution of the purchase and License Agreement as well as the provision of the software for download. We also process your personal data to contact you about support issues or to inform you about the expiration of your temporary licenses.

The personal data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected (or otherwise processed) and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

Purchase of licenses via telephone/email

It is also possible to purchase licenses for our products directly from us by email or telephone.

In doing so, the following personal data will be processed:

  • First and last name of the purchaser,
  • Company, if applicable,
  • Address,
  • Email address.

The provision of further data, e.g., telephone and fax number, is voluntary.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information on this can be found under "Data processing by processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data in the context of the direct purchase of licenses for our products is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR). Exceptionally, to the extent personal data of persons, who are not our contractual partners, will be processed in this context (e.g. contact persons at business customers), the legal basis is our and our contractual partner's legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in efficiently and productively carrying out the contract between us and the contractual partner.

The processing of personal data in the context of a direct purchase serves the fulfillment of pre-contractual (informational) obligations, the processing and execution of the order, invoicing and payment processing as well as the provision of the software for download. We also process your personal data to contact you about support issues or to inform you about the expiration of your temporary licenses.

The personal data is deleted as soon as it is no longer required for the purpose for which it was collected and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

Contact via contact form or email

Users can contact us via the contact form or via the email address provided.

In doing so, the following personal data is processed:

  • Contact data, in particular email address,
  • Other personal data provided by the user himself,
  • Time of form submission.

Various external recipients within the company group may receive your personal data. Further information on this can be found under "Data processing by processors" and "Transmission of personal data to external recipients".

The legal basis for the processing of personal data in this context is performance of a contract if the contact purpose is the conclusion of or otherwise related to a contract with the person contacting us (Art. 6 para. 1 sentence 1 lit. b GDPR). Otherwise, the legal basis for the processing of personal data in this context generally is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in contacting you due to your enquiry.

The personal data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected and there are no legal – in particular trade and tax – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

Contact due to important changes to our services (including our websites)

We may contact you to alert you regarding important changes to our services (including our websites), for example due to substantial changes to this data protection declaration or changes to our terms and conditions.

In doing so, the following personal data is processed:

  • Contact data, in particular email address

Various external recipients within the company group may receive your personal data. Further information on this can be found under "Data processing by processors" and "Transmission of personal data to external recipients".

The legal basis for the processing of personal data in this context is performance of a contract if the contact purpose is related to a contract with you (Art. 6 para. 1 sentence 1 lit. b GDPR). Otherwise, the legal basis for the processing of personal data in this context generally is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in informing you about important changes to our services.

Educational license for students

Students can download and activate a free license of our products for educational purposes on our website. This requires registration on our website.

Note: Verification of whether the interested party meets the requirements as a student is handled by the external service provider Kivuto Solutions Inc, 126 York Street, Suite 200, Ottawa, ON, K1N 5T5, Canada ("Kivuto"). Kivuto is responsible for processing your personal data as part of the verification process.

In addition to the data processed during registration on our website, the following personal data is processed:

  • System/Machine ID.

Various external recipients within the company group may receive your personal data. Further information on this can be found under "Data processing by processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data for downloading and activating the license for educational purposes and support related thereto is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR).

The processing of personal data when purchasing licenses of our products via our website serves to execute the purchase and License Agreement and to make the software available for download. We also process your personal data to contact you about support issues.

The personal data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected and there are no legal – in particular trade and tax – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

Moves by Maxon

Users can download the app "Moves by Maxon" via various app stores. The prerequisite for using this app is registration on our website. Further information on the registration on our website can be found under "Registration on our website".

Via "Moves by Maxon" users can capture their facial expressions ("Captured Data") and store the Captured Data on their devices for the purpose of creating face animation with different poses in a Cinema 4D desktop application. Unless users themselves transfer the Captured Data to other devices/applications, the Captured Data stays on the user's device and is visible as well as accessible only from the Files folder in the iOS device, specifically inside the Moves folder. In any case, Maxon does not store, use or share the Captured Data with any third party. The legal basis for the processing of Captured Data a is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR). The Captured Data can be deleted by the user at any time either within the app or via the Files folder on the iOs device.

In order to activate "Moves by Maxon", users must consent to receiving advertising and to the forwarding of their registration data (name, email address, country in which the person is located, proof of opt-in to authorized distributors or resellers that are geographically responsible for them. The legal basis for advertising and forwarding registration data to authorized distributors or resellers is consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR). The personal data is deleted as soon as it is no longer required to achieve the purpose for which it was collected respectively when the e-mail recipient withdraws consent (and where there is no other legal ground for processing than consent) and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims. Further information on data processing in connection with the granting of advertising consent by the user can be found under "Other advertising". Further information on data transfer to distributors/resellers can be found under "Transfer of personal data to external recipients".

Other advertising

By email

With their consent, users receive information about Maxon software products and Maxon product news, service offers and general topics about the Cinema 4D Community by email.

In this context, we process the following personal data:

  • First and last name,
  • Email address,
  • Country in which the person is located,
  • Proof of opt-in.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information on this can be found under "Data processing by processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data for email advertising is consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR).

The personal data is processed in order to deliver emails, to address the user personally and in their respective national language, and to prevent misuse of the services or the email address used.

The personal data is deleted as soon as it is no longer required to achieve the purpose for which it was collected respectively when the e-mail recipient withdraws consent (and where there is no other legal ground for processing than consent) and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

You can withdraw your consent to receive emails at any time with effect for the future. For the withdrawal, an informal message, e.g. by email, or using the "unsubscribe" link in emails is sufficient. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal (see also "Rights of data subjects").

By telephone

With their consent, private users receive information about Maxon Software products and Maxon product news, service offers and general topics related to the Cinema 4D Community by telephone.

We also contact commercial customers by telephone for information about Maxon software products and Maxon product news, service offers and general topics around the Cinema 4D Community.

In this context, we process the following personal data:

  • First and last name,
  • Telephone number,
  • Country in which the person is located,
  • Proof of opt-in, if applicable.

Various external recipients may receive your personal data. These may be recipients within the company group and/or certified partner companies. Further information can be found under "Data processing by processors" and "Transfer of personal data to external recipients".

The legal basis for the processing of personal data for telephone advertising is consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR).

The legal basis for the processing of personal data for telephone advertising for commercial users is alternatively our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in advertising our products and services.

The personal data is then processed in order to contact the user by telephone as well as to address them personally and in their national language. In this case, we consider the processing of personal data for the purpose of direct marketing to commercial users as processing serving our legitimate interest, Art. 6 para. 1 sentence 1 lit. f GDPR.

The personal data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected respectively – where relevant – when consent is withdrawn (and if there is no other legal ground for processing than consent) and there are no legal – in particular trade and tax law – retention obligations and they are not required for the establishment, exercise or defense of legal claims.

Users can withdraw their consent to telephone advertising at any time with effect for the future. An informal communication, e.g. by email, is sufficient for the withdrawal. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal (see also "Rights of data subjects").

Commercial users may at any time object to the processing of their personal data for telephone advertising based on our legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR). We will then no longer process the relevant personal data for conducting telephone advertising

Data collection within the scope of the software – technical protection functions

The prerequisite for using the software is registration on our website.

The software contains technical protection functions against unauthorized use and for the protection of rights. This prevents the user from using the software in a way that violates the License Agreement.

a. The following personal data is processed as part of the technical protection functions:

  • IP address,
  • Computer ID,
  • Data related to use of the software.

We use technical protection functions to ensure the fulfillment of the License Agreement and to protect the Software from unauthorized use.

In the event that the software is used in a manner that violates the License Agreement, the IP address and computer ID may be disclosed to third parties. In the event that the violation has taken place outside the European Union, the personal data may also be transferred to this third country.

The legal basis for the use of personal data within the scope of technical protective functions as well as for any possible forwarding of this personal information to a third party is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in ensuring that our software is used in accordance with the relevant License Agreement.

The processing of the IP address and computer ID serves the purpose of being able to trace unauthorized use of the software as well as license infringements so Maxon can in such cases prevent such unauthorized use and take measures against license infringement. The forwarding of the IP address and computer ID to third parties serves the purpose of pursuing unauthorized use of the software or license infringement in other countries, for example.

The IP address and the computer ID will be deleted as soon as the purpose for which they were saved has been achieved and they are no longer needed and no legal obligations for retention – in particular with regard to trade or tax law retention provisions – exist and the data are not required for the establishment, exercise or defense of legal claims. In accordance with this, the IP address and the computer ID will be saved at least as long as Maxon can pursue the unauthorized use of the software or license infringement.

b. The personal data collected within the scope of the technical protection functions, in particular the computer ID, can be linked with personal data that was collected within the scope of registration for a MyMaxon account. Conclusions can therefore be made regarding an individual that has or is using the software in a manner contrary to the License Agreement.

In the event that the software was or is being used in a manner contrary to the License Agreement the combined personal data will also be forwarded to third parties. In the event that the infringement took place outside of the European Union, the combined personal data will also be forwarded to this third country.

The legal basis for the lining of personal data collected within the scope of the technical protection functions with the personal data collected within the scope of registration for a MyMaxon account as well as the forwarding of this information to third parties is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in ensuring that our software is used in accordance with the relevant License Agreement and identifying who is violating said agreement.

The linking of personal data serves the purpose of identifying and contacting persons who use the software in a manner contrary to the License Agreement. This serves to ensure the authorized use of the software and protect against violations.

Forwarding the combined personal data servers the purpose of supporting Maxon’s pursuit of unauthorized use of the software or breaches of the License Agreement in foreign countries, for example.

The link between personal data will be removed as soon as the purpose for which it was linked no longer exists and no legal obligations for maintaining this link remain and the linked data is not required for the establishment, exercise or defense of legal claims.

Webinars

Maxon offers (simulated) live webinars via external service providers who were carefully selected by Maxon and were commissioned in compliance with data protection requirements.

Participants of these webinars must register on the respective websites of these external service providers.

Note: In order to participate in a webinar, you must register on the website of the respective external service provider. The external service provider is separate controller with respect to the processing of personal data within the scope of this registration.

The following personal data will be collected for the participation in our webinars:

  • First and last name,
  • Email address.

Furthermore, inter alia information about when the participation took place, how long participation lasted as well as if and which questions were asked in the chat will be processed. Tracking will also take place to determine if the webinar window was active or in the background.

The personal data that is gathered by the external service provider during the webinar will not be forwarded by us to a third party.

Legal basis for the processing of personal data within the scope of participation in a webinar by us is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR) and our legitimate interest (Art. 6 (1) (f) GDPR) in understanding how people participate in our webinars.

In the event that the seat of the external service provider lies outside of the European Union your personal data might also be processed accordingly in that respective country. In order to ensure an adequate level of data protection, a job processing contract and the standard EU clauses were concluded.

At the end of the webinar, the webinar participant might be given the opportunity to complete a survey. Additional information, inter alia opinions about the webinar and improvement suggestions as well as information about whether or not the webinar participant is a Cinema 4D user and the version with which they work and information about their profession and field of work of the webinar participant will be requested. The processing of personal data serves the purpose of evaluating and processing webinars. Legal basis for the processing of personal data within the scope of a survey is our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in obtaining and understanding feedback provided by participants in order to improve our webinars or consent (Art. 6 para. 1 sentence 1 lit. a GDPR) where consent has been obtained in this context. The consent for participating in a survey after the conclusion of a webinar can be withdrawn by the participant at any time with effect for the future. For the withdrawal a simple message, e.g., via email is sufficient. The withdrawal of consent will not affect the lawfulness of processing of personal data prior to the revocation.

TeamViewer

Maxon offers the possibility of remote support via TeamViewer.

Note: In order to use our remote support, customers must download and install the TeamViewer client provided by TeamViewer Germany GmbH, Jahnstrasse 30, 73037 Göppingen. TeamViewer Germany GmbH is a separate controller with respect to processing of personal data within the scope of the download of the TeamViewer client.

The following personal data will be gathered by us within the scope of remote support via TeamViewer:

  • If applicable, the customer’s name if used as an alias/nickname for TeamViewer.
  • If necessary, we will take and save notes for individual sessions for protocolling results of a remote support session.
  • We record remote support sessions and save these in order to safeguard ourselves against false claims for damages.
  • The chats that take place during communication with the customer via TeamViewer’s chat function will also be saved.

Your personal data will not be forwarded to third parties.

Legal basis for the processing of personal data via TeamViewer is performance of a contract (Art. 6 para. 1 sentence 1 lit. b GDPR), our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) I documenting remote support sessions and in establishing, exercising and defending legal rights or, where consent has been obtained, consent (Art. 6 para. 1 sentence 1 lit. a, Art. 7 GDPR).

Facebook Custom Audience

Maxon uses Facebook Custom Audience for websites. In this context, personal data are processed in order to identify persons that may have the most interest in our products and services and enable us to provide such persons with corresponding information.

Maxon and Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland, ("Facebook") jointly determine the purposes and means of processing with respect to Facebook Custom Audience, i.e. they are so called joint-controllers (Art. 4 no. 7, Art. 26 para. 1 sentence 1 GDPR). Maxon may share information about people and actions they take on our website and apps ("Event Data"). Facebook may use this Event Data to ascertain people who have previously interacted with our business and create groups of Facebook users based on Event Data so that these can be targeted with advertisement ("Joint Processing").

Information on how to contact Facebook and their data protection officer, on how Facebook processes personal data (including relevant legal bases) and the ways to exercise data subjects' rights against Facebook can be found in their data policy (available here).

Maxon has entered into a joint controller arrangement (Controller Addendum) with Facebook (available here) in which Maxon and Facebook have determined their responsibilities under GDPR. Under this Controller Addendum Maxon is obligated to provide the information included in this section to website users. Facebook is responsible for enabling data subjects' rights (Art. 15 to 20 GDPR) with regard to personal data stored by Facebook after the joint processing of such data.

Maxon's legal basis for processing of personal data in this context is consent (Art. 6 para. 1 sentence 1 lit. a , Art. 7 GDPR).

Data processing in the context of a company transaction

In the context of a sale of assets, it is possible that Maxon will transfer personal data of customers and users to the purchaser.

In this context, we may process the following personal data:

  • Contact details, especially email address,
  • Other contractual data,
  • Other personal data, submitted by the users themselves.

The purpose of the data transfer is to fulfill our obligations under the purchase contract with the purchaser and to enable the purchaser to continue the customer relationship with customers and users. The legal basis for the processing of the personal data here is either our legitimate interest (Art. 6 para. 1 sentence 1 lit. f GDPR) in efficiently managing and disposing of our company and assets and in transferring personal data of customers who have not objected to this to the purchaser or the implementation of pre-contractual measures (Art. 6 para. 1 sentence 1 lit. b GDPR) if the customer is a natural person and agrees with the transfer of the customer agreement to the purchaser.

Safeguarding our rights

Maxon may process personal data to safeguard Maxon's rights.

Legal basis for the processing of personal data in this context is our legitimate interest (Art. 6 para. 1 sentence 1 lit f GDPR) in establishing, exercising and defending legal claims.

Compliance with legal obligations

Maxon may process personal data to comply with legal obligations to which Maxon is subject.

Legal basis for the processing of personal data in this context is compliance with the respective legal obligations (Art. 6 para. 1 sentence 1 lit. c GDPR).

Cookies

We use cookies to improve the performance of our website and enhance the user experience for those who visit the website.

Cookies which are not strictly necessary for the provision of the website will only be stored on your device and accessed based on your freely-given consent. You may withdraw such consent at any time, without affecting the lawfulness of processing based on such consent before its withdrawal, by accessing our consent management platform. Further information on our use of cookies can be found in our cookie consent management tool, which can be accessed at the bottom left of every page of the website.

Data deletion and storage period

The personal data of data subjects will generally be deleted as soon as they are no longer necessary in relation to the purpose for which they were collected (or otherwise processed).

As an exception, the data can be stored for a longer period of time for compliance with a legal obligation, i.e. if this has been set out by the European or national legislator in European Union regulations, laws or other regulations to which we are subject, or for the establishment, exercise or defense of legal claims; personal data that we store solely for these purposes will not be used for any other purpose.

Rights of data subjects

You have the following rights regarding personal data provided that the relevant legal requirements are met:

  • Right of access, Art 15 GDPR
    You may request information about the processing of your personal data and a copy of the personal data undergoing processing insofar as such copy does not adversely affect the rights and freedoms of others.

  • Right to rectification (Art. 16 GDPR)
    You may request correction of your personal data that is inaccurate and/or completion of such data which is incomplete.

  • Right to erasure 17 GDPR
    You may request deletion of your personal data, in particular where (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) you objected to the processing and there are no overriding legitimate interests for the processing, (iii) your personal data has been unlawfully processed or (iv) your personal data has to be erased for compliance with a legal obligation to which we are subject. The right to erasure, however, does not apply in particular where the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.

  • Right to restrict processing, Art. 18 GDPR
    You may request restriction of processing (i) for the period in which we verify the accuracy of your personal data if you contested the accuracy of the personal data, (ii) where the processing is unlawful and you request restriction of processing instead of deletion of the data, (iii) where we no longer need the personal data, but you require the data for the establishment, exercise or defense of legal claims or (iv) if you objected to processing until it has been verified whether our legitimate grounds override your interests, rights and freedoms.

  • Right to object, Art. 21 GDPR
    You have the right to object, for reasons resulting from your particular situation, at any time, to the processing of your personal data which is based on legitimate interests (Art. 6 para. 1 sentence 1 lit. f GDPR) this also applies to profiling based on this provision according to Art. 4 No. 4 GDPR. If you file an objection, your personal data will no longer be processed for the purpose you objected to unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defense of legal claims.

    Generally, we assume that we will be able to demonstrate such compelling legitimate interests. However, we will review any objection based on the individual relevant facts.

    In individual cases we may process your personal data for direct marketing purposes without your prior consent. You have the right to object to the processing of your personal data for direct marketing purposes at any time; this also applies to profiling in as far as it is connected with direct marketing. If you file an objection to the processing for direct marketing purposes we will no longer process your personal data for this purpose.

    The objection can be made informally and should be sent to:

    Maxon Computer GmbH
    Max-Planck-Str. 20
    61381 Friedrichsdorf, Germany
    Email: [email protected]
  • Right to data portability, Art. 20 GDP
    You may request to receive your personal data, which you have provided to us, in a structured, commonly used machine-readable format and transmit those data to another controller without hindrance from us, where the processing is based on consent or a contract and the processing is carried out by automated means; in these cases you may also request to have the personal data transmitted directly to another controller where this is technically feasible.

  • Right to withdraw consent, Art. 7 (3) GDPR
    Consent that was granted can be withdrawn at any time with effect for the future. This also applies for the withdrawal of consent that was given prior to the introduction of the GDPR, i.e., prior to May 25, 2018.

Within the scope of the right of access (Art. 15 GDPR) and the right to erasure (Art. 17 GDPR), the restrictions in accordance with Clauses 34, 35 of the German Federal Data Protection Act (BDSG) apply.

Furthermore, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of an alleged infringement if you consider that the processing of your personal data infringes the GDPR (Art. 77 GDPR).

Please address your requests to exercise your rights to [email protected] (with the exception of the right to lodge a complaint with a supervisory authority).

Data security

We protect your data using modern security systems and we adhere to the data protection and security provisions in accordance with the GDPR.

We maintain current technical measures to ensure data security, in particular for the protection of your personal data against threats during data transfers or attainment by third parties. These measures are updated to meet state-of-the-art standards.

Online forms on our website are sent using SSL encryption for your protection. Nevertheless, we cannot guarantee that the information sent cannot be read by third parties during transmission. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust, unique password that no one else knows or can easily guess, and keeping your log-in details and password private.

Obligation for providing and possible consequences for not providing data

You are not obligated to provide your personal data to us. However, within the scope of the use of our services, you may be required to make the personal data available that is necessary for the fulfillment of the respective purpose or that we are legally obliged to collect. Without this data, we may not be able to conclude or execute a contract with you and/or provide you with our services.

Existence of automatic decision-making, including profiling

Fundamentally, we do not use fully automated decision-making or profiling to start or carry out a business relationship in accordance with Art 22 GDPR. If we should implement this process in individual cases, we will inform you accordingly in as far as this is required by law.

Changes to data protection notices

We continuously develop and optimize the services we offer. It can therefore occur that we add new functionalities. If this affects the way in which we process your personal data we will inform you accordingly in due time in our data protection notices (e.g. in this data protection declaration).

The last update of this data protection declaration was December 2021.


Effective Date: 23 December 2021

This Privacy Policy (“Policy”) supplements the information contained in Maxon Computer Inc.’s (515 Marin Street, Suite 322, Thousand Oaks, CA 91360, United States) (“Company,” “we,” “our,” or “us”) Data Protection Declaration and applies to all visitors and users of our website, our Web Shop, any of our group company websites and applications where this Policy is posted (each, a “Site”), whether on our digital properties or on applications we make available on third-party sites or platforms, and the services available through our Site, Web Shop, and any such websites and applications (collectively, the “Services”). This Policy describes the types of information, including personal information (which term includes sensitive personal information, as defined under certain applicable laws, when used in the Policy), we collect from visitors and users of our Site and Services, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

By visiting a Site and using the Services, or providing consent where required by applicable law you agree that your personal information will be handled as described in this Policy. Your use of a Site and Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Terms of Use are incorporated by reference into this Policy.

Please keep in mind that when you provide information to us on a third-party site or platform, the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this Policy, and the information the third-party site or platform collects is subject to the privacy practices of the third-party site or platform.

Information We Collect About You and How We Collect it

Generally, (with your consent, where required under applicable laws and regulations), we may collect the following types of personal information depending upon the nature of our relationship and interactions with you:

Information We Collect Directly from You. We collect several types of information from and about users of our Services.

  • We offer users the opportunity to register to create an account on our Sites in order to access the Services. When you create an account with us, we may collect your information, including your first and last name, e-mail address, telephone number, language, password, and the country in which you are located. In addition, on some of our Sites, you can log in using your credentials for Facebook, Google, Discord or other social media or similar sites. When you log-in using those credentials we or the provider of these other sites may request certain information or permissions from you, such as to share your profile information with us and to share certain information with us related to your account with that provider.
  • When you use or access the Services, we may collect information required to deliver the Services to you, including commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
  • We may also collect information required to facilitate transactions through the Services, including financial or payment information, your address, and other contact information.
  • Depending on the Services that you use, you may be able to upload facial images and expressions to the Services. This information is stored on your device and is not used to identify you. When you request access to the Services, such as access to Maxon One Educational Licenses, we may collect professional information, such as employment-related information and business contact information, to verify that you meet eligibility requirements for purchasing the Services and to deliver the Services to you. We may also request education information, such as your school name and grade level, to confirm your eligibility for the Services and to deliver the Services to you.
  • We may collect information you provide to us when you fill out a survey or questionnaire, or other type of form you complete through the Services.
  • If you participate in one of our summits, we collect information that we need to administer the summit, including your name, studio, email address, physical address, headshot or logo, artwork and your biography. We may share this information with summit sponsors and other participants. If you win prize giveaways, we will share your information on our Site or in a chat.
  • If you participate in one of our contests, we collect your information that we need to administer the contest, including your name, your streaming channel ID, and your email address and physical address. We may share your information with sponsors and we may publish your name on our website, for example, if you place in a contest, or if we use your image for marketing purposes.
  • If you contact us, we may collect records and copies of your correspondence, including e-mail addresses, direct chat history, and other correspondence and contact information.
  • While you are navigating a Site or using the Services, we may collect your search queries or information about your viewing history.
  • When you submit a customer inquiry, complaint, or request assistance with use of a Site or the Services, we may collect your name, alias, or nickname for obtaining access via the TeamViewer platform. We may also collect and record information from remote support sessions, as well as notes from individual remote support sessions, for quality assurance purposes, and to safeguard ourselves against fraudulent claims for damages.
  • When you subscribe to receive updates from us about new features of the Services, such as newsletters or e-mail alerts, we collect contact information from you, such as your name, e-mail address, or telephone number.
  • We also collect any information you choose to e-mail or communicate to us while using the Services.
  • On some of our Sites, we invite you to post content, including your questions, comments, pictures, and any other information that you would like to be available on the Site. If you post content to our Site, the information that you post will be available to all visitors to our Site. If you post your own content on our Site or Services, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy.

Information We Collect Automatically. Whenever you visit or interact with our Site, we may automatically collect data about your visit through cookies, pixels, tags, log files, and other technologies. Such information includes but is not limited to your computer’s Internet Protocol (“IP”) address, device ID, device location information, browser type, browser version, the pages you visit, the time spent on those pages, the time and date of your visit, downloads you initiate, and other statistics. We gather such information through cookies and other web technologies. Please see the “Our Use of Cookies and Other Tracking Mechanisms” section in our Privacy Policy to find out more.

Information We Collect from Third Parties. We may collect information about you from third party sources (which may be combined with other information we have collected about you), such as: service providers, marketing partners, third-party partners, public and third-party databases, social media platforms such as Facebook, Twitter, Instagram, YouTube, LinkedIn, (including from social media connections), platform providers, payment processors, and from other third parties.

How We Use Your Personal Information

Personal Information Under the California Consumer Privacy Act (CCPA). We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Our Uses of Your Personal Information. We collect and use your personal information for the purposes described below (with your consent, where required under the applicable law):

  • To provide our Services to you.
  • To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information we may send or display to you, offer location customization, personalized help and instructions, or to otherwise personalize your experiences while using the Site or Services. Depending on the Services that you use, you may be able to upload facial images and expressions to the Services. This information is stored on your device and is not used to identify you. In order to use this Service, you must agree to receive advertising and to share your name, email address and country with our third-party distributors and resellers. However, no facial images or expressions are shared with our third-party distributors or resellers.
  • For marketing, promotional, and customer support purposes in accordance with applicable laws. For example, we may use your personal information, such as your e-mail address, to send you news and newsletters, special offers and promotions, informational materials, or to otherwise contact you about products, services, or other information we think may interest you. We also use the information that we learn about you to assist us in advertising on third-party websites and to assist us in evaluating the success of our advertising campaigns on various platforms.
  • To better understand how individuals access and use our Services, to improve and develop our Services, and to respond to individuals’ desires and preferences. This includes using personal data for purposes such as data analysis and conducting surveys or questionnaires, such as for market research or customer satisfaction purposes.
  • To help verify user activity, as well as to promote safety and security, such as by monitoring fraud, investigating suspicious or potentially illegal activity or violations of our terms of use or other policies, protecting our rights, or pursuing available remedies.
  • To comply with legal and regulatory obligations, as part of our general business operations, and for other business administration purposes, including authenticating your identity, maintaining customer records, monitoring your compliance with any of your agreements with us, collecting debts owed to us, safeguarding our business interests, and managing or transferring our assets or liabilities, for example in the case of an acquisition, disposition, or merger, as described below.
  • For purposes that we may notify you of or to which you consent.

How We Share Your Personal Information

We may share your information, including personal information, (with your consent, where required under the applicable law), as follows:

Vendors, Service Providers, and Other Processors. We may disclose the information we collect from you to vendors, service providers, or other processors, such as customer management providers, invoice management providers, and IT services providers, to help us provide our Services to you, to assist us in analyzing how our Services are used, and to provide other services.

Subsidiaries and Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries as needed to provide the Services to you.

In addition, we may also share your information under the following circumstances:

Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.

In Response to Legal Process. We may disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research, or other purposes.

  • Others for Business Purposes. We may also share your personal information by disclosing it to a third party for a business purpose, including the business purpose of sending general information in connection with Maxon products via email, of directly or indirectly enabling or effecting commercial transactions, and of pursuing unauthorized use of the software or license infringement in other countries, for example. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. We may also share your personal data for purposes that we may notify you of or to which you consent (including where required by the applicable laws).


For more information about how we have disclosed personal information for business purposes, please see the Categories of Personal Information Under the CCPA and other applicable laws section below.

Authorized Distributor or Resellers for Advertising Purposes. If you provide your express consent, we will transfer your personal information to authorized distributors or resellers within your geographic region, which authorized distributors or resellers may use in connection with delivering advertisements regarding Maxon products to you via e-mail. Depending on the Services that you use, you may be able to upload facial images and expressions to the Services. This information is stored on your device and is not used to identify you. In order to use this Service, you must agree to receive advertising and to share your name, email address and country with our third-party distributors and resellers. However, no facial images or expressions are shared with our third-party distributors or resellers.

Sales of Personal Information to Third Parties. We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do include information about individuals we know are under age 16.


For more information about sales of personal information, please see the Categories of Personal Information Under the CCPA and other applicable laws section below.

Categories of Personal Information Under the CCPA and Other Applicable Laws

While our collection, use, and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior twelve (12) months (from the Last Updated date above with your consent, where required under applicable laws).

Sources of Personal Information. As further described in the Information We Collect About You and How We Collect It section above, we may collect personal information from the following sources:

  • directly from the individual
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • government entities
  • business customers/clients

Categories of Personal Information Collected and Disclosed. In the table below, we identify the categories of personal information (as defined by the CCPA) we have collected and disclosed for a business purpose, and/or “sold” as defined by the CCPA (where required under applicable laws), as well as the categories of third parties to whom we may disclose and/or sell such personal information. For more information about the business and commercial purposes for which we may disclose and sell personal information, as defined by the CCPA, please see the How We Share Your Personal Information section above. Under the CCPA, a “sale” includes disclosing or making available to a third-party personal information, in exchange for monetary compensation or other benefits or value. While we do not disclose personal information in exchange for monetary compensation, we may make certain categories of personal information available in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Sites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content.


Categories of
Personal Information

Description

Do We Disclose for a Business Purpose?

Do We Sell under the CCPA?

Categories of Third Parties to Whom
Information is Sold or Disclosed


Identifiers

Includes direct identifiers, such as name, alias, salutation, user ID, username, account number or unique personal identifier; email address, phone number, address and other contact information; IP address and other online identifiers; and other similar identifiers.

  YES

YES

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Customer Records


Includes personal information, such as name, account name, user ID, contact information, payment information), that individuals provide us in order to purchase or obtain our products and services. For example, this may include information collected when an individual registers for an account, purchases or orders our products and services, posts content to one of our forums, or enters into an agreement with us related to our products and services.

  YES

NO

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Commercial Information


Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers, or information that we collect from you if participate in a contest or summit.

  YES

NO

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Usage Data

Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps and other Services, and our marketing emails and online ads.

  YES

YES

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Geolocation Data

Includes precise location information about a particular individual or device.

  YES

NO

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Audio, Video and Electronic Data

Includes audio, electronic, visual, thermal, olfactory, or similar information such as photographs and images (e.g., that you provide us or post to your profile) and call recordings or recordings of remote support sessions (e.g., of customer support calls or remote sessions).

  YES

NO

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Protected Classifications


Includes characteristics of protected classifications such as disability information and medical conditions (e.g., which we may collect in order to make available appropriate accommodations for events and other activities), information that you voluntarily include in your account profile (e.g., gender, marital status and political affiliation).

  NO

NO

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Inferences


Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads.

  YES

YES

  • service providers
  • government entities and law enforcement
  • affiliates and subsidiaries
  • advertising networks
  • data analytics providers
  • social networks
  • internet service providers
  • operating systems and platforms
  • business customers/clients


Our Use of Cookies and Other Tracking Mechanisms

We use cookies to improve the performance of our website and enhance the user experience for those who visit the website (with your consent, where required by applicable laws).

Cookies which are not strictly necessary for the provision of the website will only be stored on your device and accessed based on your freely-given consent. You may withdraw such consent at any time, without affecting the lawfulness of processing based on such consent before its withdrawal, by accessing our consent management platform. Further information on our use of cookies can be found in our cookie consent management tool, which can be accessed at the bottom left of every page of the website.

Your Consumer Rights Under the CCPA and Other Applicable Laws

You may have the following rights where permitted under the CCPA and other applicable laws:

Right to Request Disclosure. The right to request, free of charge, that we disclose information about our collection and use of your personal information over the past twelve (12) months or longer period where permitted under applicable laws, including:

  • The categories of personal information we collect about you;
  • What personal information we collect, use, or disclose about you;
  • The categories of sources of the personal information we collect about you;
  • Our business or commercial purpose for collecting the personal information;
  • For each category of personal information, the categories of third parties with whom it was disclosed; and
  • The specific pieces of personal information we collect about you.


You may request a copy of the personal information we hold about you. For more information on how to request information about our collection, use, and disclosure of your personal information, please see the Submitting Your Requests section below.

Right to Request Deletion. The right to request the deletion of your personal information that we collected. For more information on how to request deletion, please see the Submitting Your Requests below. Once we receive your request and verify your identity, we will review your request to see if an exception allowing us to retain the information applies. We will delete or de-identify personal information not subject to an applicable exception from our records and where required by applicable law, and will direct our service providers to take similar action.

You do not need to create an account with us to exercise your deletion rights. We will only use personal information provided in a deletion request to review and comply with the request.

Right to Request Opt-Out of the Sale of Your Personal Information. If you are age 16 or older, the right to direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years old.

To exercise the right to opt-out, you or your authorized representative may submit an opt-out request by following the procedures specified in the Submitting Your Requests section below. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorized personal information sales. However, you may change your mind and opt back in to personal information sales at any time by clicking this link.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Right of Non-Discrimination. The right to be free from discriminatory adverse treatment for exercising these rights. We will not discriminate against you for exercising any of your CCPA rights, or your rights under other applicable laws where we are not permitted to do so. Under certain applicable laws, you also may have the right to refuse decisions based solely on automated decision making technology that materially affects you.

You may have the following rights under applicable laws:

Right to correct. The right to request correction of personal information we hold about you that is incorrect or inaccurate.

Right to withdraw consent or deregister your account. The right to withdraw your consent to processing of your personal information. Processing prior to the withdrawal of your consent will be not affected. You also may have the right to deregister your account that you registered on any Site or any Services (if any).

Right to Transfer. The right to request transfer of your personal information to another organisation.

Submitting Your Requests

Requests to Know, Correct, Delete, Transfer, Withdraw- Your Consent or Deregister Your Account. To exercise your rights to know or delete described above, you may submit a request by contacting us through the following method:

Requests to Opt-Out of Sales of Your Personal Information. To exercise your right to opt-out of sales of your personal information, you may submit a request form via our website at this link. You may also submit a request by email at [email protected].

Verification of Requests. Only you, or an individual legally authorized to act on your behalf, may make a request to know, delete, or opt-out related to your personal information. To designate an authorized agent, please contact us by using the contact information above.

You may only submit a request to know twice within a 12-month period to the extent you are exercising a right under the CCPA. Your request to know or delete must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or that the requestor is your authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We may request information from you in order to verify your identity. Additionally, we may require that authorized agents provide proof of their authorization. We cannot respond to your request or provide you with personal information if we are unable to verify your identity, your authority to make a request on behalf of another person, or if we cannot confirm that the personal information relates to you. In general, we will verify your request and your identity by matching the information you provided with the information we have in our records.

You do not need to create an account with us to submit a request to know, or to submit a request to delete your personal information or opt-out of sales of your personal information.

We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.

Transfers of Personal Information Outside of China

If you are resident in China, with your separate consent, we may transfer, access or store your personal information outside of the People’s Republic of China where we are satisfied that adequate levels of protection are in place to protect the integrity and security of your personal information or adequate security measures are adopted and in compliance with applicable laws, such as contractual arrangements. Where required by applicable laws, we will put in place appropriate measures to ensure that processing of your personal information outside of the People’s Republic of China is safeguarded by the equivalent level of data protection as in the People’s Republic of China.

Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of Your Personal Information

We have implemented reasonable and appropriate security precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust, unique password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Minors

We do not knowingly collect or process personal information of minors under the age of 14 without the consent of their parents or guardians, or as otherwise permitted by applicable law. We will take steps to delete the information as soon as possible should we become aware of minors’ personal information. Parents or guardians can contact us to request such deletion.

Access to Your Personal Information

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or Services for a period of time.

Your Choices Regarding Our Use of Your Personal Information

We may send periodic promotional e-mails to you (with your consent, where required by applicable laws). You may opt-out of promotional e-mails by following the opt-out instructions contained in the e-mail. If you opt-out of receiving promotional e-mails, we may still send you e-mails about your account or any services you have requested or received from us.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time (with your consent, where required under the applicable law), so please be sure to check back periodically. We will post any changes to this Policy on our Site and Applications.

Contact Us

If you have questions about the privacy aspects of our Site or Services or would like to make a complaint, please contact us at:

Maxon Computer Inc.
515 Marin Street, Suite 322
Thousand Oaks, CA 91360
United States
Phone: 805-376-3333
E-mail: [email protected]