We refer to the terms below, any additional terms, terms of service, terms within the accompanying API, and any applicable policies and guidelines collectively as “Terms”. You agree to the Terms, and that the Terms will describe your rights and responsibilities. If you do not agree with this policy, do not access or use our Services.
INFORMATION WE COLLECT
The information we collect depends on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information that is obtained automatically, and information from other sources. For purposes of GDPR regulation, Physna processes data with the user's consent.
Information You Provide to Us Directly. We receive and store information that you provide in relation to our company and its Services. You interact with our Services while doing things such as creating an account, making purchases, communicating with us, taking surveys, using interactive features, entering contests, attending any conferences, trade shows or other events.
As a result of these interactions you might supply us with information such as: your name, email address, mailing address and username. Personal information and details associated with your purchases, including payment information such as payment card information or banking information that you provide to pay for our Services may also be collected. Information you provide with 3D models that you upload to the Services, such as metadata tags associated with the model that may include your email address, business contact information, and location information if it is included in the metadata may also be provided to us. Any information you provide using the public sharing features is not subject to the privacy protections referenced herein.
Information Collected Automatically. We may collect personal information automatically when you use our Services, including information about your interaction or use of our Services. Examples of this type of information include:
Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, cookie identifiers, browser or device information, location information (including approximate location derived from IP address). We may also automatically collect information regarding your use of our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.
Our uses of these Technologies fall into the following general categories:
- Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
- Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);
- Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specific preferences, interests, or past items viewed;
- Targeting-Related. We may use first party or third-party Technologies to deliver content, on our Services.
Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:
HOW WE USE YOUR INFORMATION
We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services. These purposes include:
Provide Our Services. We use your information to provide you with our Services, such as:
- Managing your information and accounts;
- Providing access to certain areas, functionalities, and features of our Services, including providing information associated with the 3D models you upload to other users and providing you with information associated with 3D models uploaded by others;
- Answering requests for customer or technical support;
- Communicating with you about your account, activities on our Services, and policy changes;
- Processing your financial information and other payment methods for products or Services purchased;
- Allowing you to register for events.
Administrative Purposes. We use your information for various administrative purposes, such as:
- Pursuing our legitimate interests such as research and development (including marketing research), network and information security, and fraud prevention;
- Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
- Measuring interest and engagement in our Services;
- Ensuring internal quality control and safety;
- Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
- Debugging to identify and repair errors with our Services;
- Auditing relating to interactions, transactions and other compliance activities;
- Enforcing our agreements and policies; and
- Complying with our legal obligations.
Marketing and Advertising our Products and Services
- Some of the ways we market to you include email campaigns, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.
We may also use your information for other purposes as requested by you or as permitted by applicable law. Examples of this include:
- Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
- Automated Decision Making. We may engage in automated decision making, including profiling. Physna’s processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us at any time as set forth in the “contact us” section below, or on our website’s “Contact Us” tab.
- De-identified and Aggregated Information. We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.
HOW WE DISCLOSE YOUR INFORMATION
We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
DISCLOSURE OF YOUR INFORMATION
Disclosures to Provide our Services. We may work with third-parties in order to offer certain Services or features to you. The categories of third parties with whom we may share your information are:
- Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services.
- Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested.
- Other Users. As described above in “Personal Information We Collect,” our Services allow you to share your profile and/or User Content, including metadata tags associated with the 3D models that you upload to the Services with other Users.
- APIs/SDKs. We may use third-party Application Program Interfaces (“APIs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us at any time as set forth in the “contact us” section below, or on our website’s “Contact Us” tab.
Disclosures to Protect Us or Others. We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process; to protect your, our, or others’ rights, property, or safety; enforce our policies; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
RETENTION OF PERSONAL INFORMATION
YOUR PRIVACY CHOICES AND RIGHTS
The privacy rights and choices you may have about your personal information are determined by applicable law. If you have any questions about our collection and use of your personal information, please contact us at any time as set forth in the “contact us” section below, or on our website’s “Contact Us” tab. You can choose not to provide certain information, but then you may not be able to take advantage of many of our Services.
- Email and Telephone Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. You will continue to receive transaction-related emails regarding products or Services you have requested.
- Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly.
Your Privacy Rights
In accordance with applicable law, you may have the right to:
- Access or Know Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information in a structured, commonly used, and machine readable format; and (iii) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine readable format (the “right of data portability”);
- Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;
- Request Deletion of your personal information;
- Request Restriction of or Object to our processing of your personal information including opting out of the sale or sharing of your personal information, and to limit the use or disclosure of your sensitive personal information, in each case where applicable; and
- Withdraw your Consent to our processing of your personal information.
If you would like to exercise any of these rights, contact us at any time as set forth in the “contact us” section below, or on our website’s “Contact Us” tab. We will process such requests in accordance with applicable laws.
Under Article 27 of the GDPR, we have appointed an EU Representative to act as our data protection agent. Our nominated EU Representative is:
Instant EU GDPR Representative Ltd.
Adam Brogden firstname.lastname@example.org
INSTANT EU GDPR REPRESENTATIVE LTD
12A Lower Main Street, Lucan Co. Dublin
SECURITY OF YOUR INFORMATION
By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the applicable law, and legal frameworks governing the transfer of data. If we transfer personal information to countries outside the European Economic Area, we will put in place appropriate safeguards to ensure that this transfer complies with the applicable laws and regulations. For more information about these safeguards, please contact us as set forth below.
SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
This Supplemental California Privacy Notice only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Physna has collected about them and whether Physa disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:
Category of Personal Information Collected by Physna
A real name, alias, mailing address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in “Personal Information We Collect” and “How We Use Your Personal Information” above, respectively.
Lawful basis of processing
For purposes of GDPR regulation, Physna processes data with the user`'`s consent
“Sales” of Personal Information under the CCPA
For purposes of the CCPA, Physna does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.
Additional Privacy Rights for California Residents
- Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
- Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth in the “contact us” section below, or on our website’s “Contact Us” tab and provide written authorization signed by you and your designated agent.
- Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.
If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us at any time as set forth in the “contact us” section below, or on our website’s “Contact Us” tab. We will process such requests in accordance with applicable laws.
California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.
SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at email@example.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as set forth in the “contact us” section below, or on our website’s “Contact Us” tab. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it.
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
250 West St. Ste 150
Columbus, OH 43215
Effective Date: 05/25/2023