Maxon Computer GmbH

Privacy Policy

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State: 2019/12/06 ----------------- Maxon Computer GmbH - Max-Planck-Straße 20 - 61381 Friedrichsdorf - Germany Maxon Computer Inc. - 2640 Lavery Court, Suite A - Newbury Park, CA, 91320 - USA Maxon Computer Ltd. - 2 Doolittle Mill - Froghall Road, Ampthill - BEDFORD, MK45 2ND - United Kingdom ----------------- Thank you for your interest in Maxon and our products. The protection of your personal data is very important to us. In this document we will inform you about our data protection policies. We adhere to the legal requirements of the Data Protection Law (BDSG) from the German Telemedia Act (TMG) and other data protection regulations for the Federal Republic of Germany. In as far as a foreign entity is affected, we assure the to that extent observance of relevant and pertinent data protection regulations. You can trust us with your personal data! Your data is encrypted using SSL (a network protocol for the secure transfer of data) when it is sent to us. Technical measures have been taken to ensure that our Websites are protected against damage, destruction and unauthorized access. Subject of data protection In the following we will inform you about the elicitation of personal data when our Website is used. Personal data is all data that refers to you personally, e.g., name, address, email addresses, user behavior. I. Information about those responsible Maxon Those responsible for the processing of data on this Website are: Maxon Computer GmbH David McGavran Max-Planck-Str. 20 61381 Friedrichsdorf, Germany Decisions regarding purpose and means of processing personal data (e.g., name, contact information or similar) is made by these persons, if necessary in jointly with others. Maxon Data Protection Officer (DPO): Christoph Kluss, attorney Haaß &amp. Kluss Martorffstr. 5 60320 Frankfurt am Main Telefon: +49 69 562095 E-Mail: GDPR(at)maxon(dot)net II. Information about the processing of data General data elicitation when our Website is opened When our Website is used solely for informational purposes, i.e., if you do not register or transfer any information to us, we only elicit the personal data that your browser supplies to our servers. If you want to view our Website, we elicit the following data, which is required technically in order to display the Website and ensure its stability and security (legal basis are the legitimate interests in accordance with Art. 6 Abs. 1 S. 1 lit. f DS-GVO. In consideration of the balancing of interests in accordance with Art. 6 Abs. 1 S. 1 lit. f DS-GVO, we have considered and weighed our interest in providing our Website with your interests in the processing of your data that is compliant with data protection regulations. Since the data hereinafter that is required for the provision of our services is required for technical and other reasons in order to make it available as well as to ensure the Website’s stability and security, in particular to protect it against misuse, we have come to the conclusion that this data can be processed (under warranty of securing data as the currently available technology permits) whereby your interest in the processing of your data that is compliant with data protection regulations is taken into account. We elicit data about the operating system used, information about the browser type and version, the user’s internet service provider, I.P. address, date and time of the use, possibly the manufacturer and type of mobile device, log files, file types, downloads, access, entering and exiting of the Website. This is done to ensure the proper operation of our Website and traceability in the event of a security breach as well as for evaluation for Website optimization and to analyze our server utilization. The data is stored on specially protected servers in Germany. Only a few specially authorized persons who are involved with the technical, commercial or editorial support of the servers have access to this data. These log files will be deleted after 6 months. The collection of data for the provision of our Website and the saving of data in log files is essential for the operation of our Website. There is no possibility for the user of the Website to contest this. Cookies Our Website uses cookies. Cookies are text files that are saved in the internet browser or by the internet browser on the user’s computer system. When a user visits a Website, a cookie can be saved on the user’s computer. a) Session Cookies We use cookies to make our Website more user-friendly. Several elements on our Website require that the browser being used also be identified after a page change has been made. Session cookies are a technical necessity but are not absolutely necessary to display the Website. Several functions of the Website, e.g., language settings, shopping cart, automatic form filling, login information, etc. cannot be used or cannot be used properly without these cookies. As a result, there is not possibility for the user of the Website to contest this. These cookies can be disabled using the browser’s settings. As Website operator, we have a justifiable interest in the use of this service, the legal basis for this being Art. 6 Abs. 1 lit. f) DSGVO. They will be deleted when the browser session is quit. b) Cookies for Website use Cookies for range measurement collect information about how our Website is used, e.g., page calls or error messages. These cookies do not save information that can identify the user. The information collected is aggregated and therefore analyzed anonymously. Google Analytics We use Google Analytics to collect information about visitors’ use of our website. Google Analytics collects information such as how often users visit this site, what pages they visit, when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics only to improve the functionality of our website. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. Social Media If you share our content through social media, for example by liking us on Facebook, following or tweeting about us on Twitter, those social networks will record that you have done so and may set a cookie for this purpose. In some cases, where a page on our website includes content from a social network, such as a Twitter feed, or Facebook comments box, those services may set a cookie even where you do not click a button. As is the case for all cookies, we cannot access those set by social networks, just as those social networks cannot access cookies we set ourselves. (2) AW Stats We use AW Stats. AW Stats evaluates server capacities of reach, page access, error messages, etc., based on the general data collection when our Website is opened (LogFile) and makes them available in a readable format (see General data elicitation when our Website is opened above under II.) Newsletter/Emailing You will receive a newsletter/emails from us with news and current information about or products if you subscribe to this service. For a subscription, we must save your email address, your first and last name, the country in which you are and an opt in verification. We will also elicit the page on our Website on which you subscribed to the newsletter. This data is elicited for marketing purposes and want to address you personally as our customer. The data collected for the newsletter subscription will only be processed based on your prior consent (Art. 6 Abs. 1 lit. a DSGVO). You can revoke your existing consent at any time. You can do so via email or by clicking on the unsubscribe button in the newsletter itself. The legality of the processing of data that took place prior to your revocation remains unaffected. The data supplied for the subscription will be deleted when the subscription is terminated. If this data was supplied elsewhere and for another purpose, it will remain with us. Your data will be saved until a revocation has been submitted. Individualized emails Individualized or personalized emails are sent to some customers within the framework of individual marketing campaigns. This is done for marketing purposes based on the individual’s consent. The data collected for the registration process for use of our Cinema 4D demo version, Cineware for After Effects version, Cineware for Illustrator version, Cinema 4D Educational license, Cinema 4D/BodyPaint 3D full versions will be saved and archived until revoked by you. Direct advertising authorization in accordance with 7 Abs. 3 UWG The email address elicited for the purpose of purchasing goods or services on our Website will be used for direct advertising for our own products and/or services. This is done for marketing purposes based on your consent. If you do not want to receive direct advertising you can revoke the use of your email address at any time. You can do so via email or by using the unsubscribe link in the newsletter itself. After your objection, the data will be completely deleted. If you have given us your consent that we pass your data to one of our partners, please be advised that your data will also be saved by this partner and a deletion of this data must be requested from the respective partner. Registration in forms For the following processes, you can register with us and/or open a customer account: suggestions, demo downloads, Cinema 4D demo version activation, Cineware for Illustrator registration, Cineware for After Effects registration, ePortfoliio activation, Cinema 4D Educational license registration, Maxon shop order form, newsletter subscription. Data supplied via contact form will be saved together with your contact information in order to process your inquiry, to be able to respond to follow-up inquiries or for contractual performance purposes. Personal data will only be passed to third parties in as far as required for contract processing. Third parties can, for example, be a payment service provider or a logistics company. A farther-reaching transfer of data will not take place or will only take place if expressly consented to by you. Basis for the processing of data is Art. 6 Abs. 1 lit. b DSGVO, which allows the processing of data for contractual fulfillment or measures thereof. If the processing of the data supplied in the contact form are not required for contractual execution, the processing will be done in accordance with your consent (Art. 6 Abs. 1 lit. a DSGVO). A revocation of existing consent can be made at any time. The revocation can be made via email. The legality of the processing of data that took place prior to your revocation remains unaffected. Some of these services require the creation of a login with which you can log in to a respective service in order to use it, for example, to access your serial number in the ePortfolio or to download the Cinema 4D installer. The data supplied by you will stay with us until you request that it be deleted, revoke your consent or the necessity for saving the data no longer exists. Required legal stipulations – in particular trade and fiscal retention periods or burdens of proof – remain unaffected. After the legal retention periods have expired, all data will be deleted. Recipients of your data within and outside of the EU/EEA Various recipients within and outside of the EU/EEA will receive the aforementioned personal information. Recipients within Maxon: Maxon Computer GmbH - Max-Planck-Straße 20 - 61381 Friedrichsdorf - Germany Maxon Computer Inc. - 2640 Lavery Court, Suite A - Newbury Park, CA, 91320 - USA Maxon Computer Ltd. - 2 Doolittle Mill - Froghall Road, Ampthill - BEDFORD, MK45 2ND - United Kingdom Your personal data will not be passed on to third parties without your express consent, unless this is necessary to provide the service or to carry out the contract. However, it may be necessary to share your personal information with individual companies in your country that we use to provide the service. These are exclusively certified Maxon partner companies responsible for your region, who have of course been expressly advised by us to protect the privacy of our customers' personal data. For the transmission to our subsidiaries/partner it can happen, that a appropriateness resolution by the EU commission in accordance with Art. 45 Abs. 1, 3 DS-GVO does not exist. This means that the EU commission has not yet positively determined that the level of data protection in a given country meets the data protection standards of the European Union based on the DS-GVO. Appropriate guarantees such as company-internal and from a supervisory authority approved data protection provisions, for example, or standard EU contracts exist. Possible particular risks, which cannot be excluded in conjunction with the transfer of data, are: <ul> <li>Your personal information can possibly be processed beyond the actual purpose for which it was submitted, for example for additional promotional purposes</li> <li>Furthermore, the possibility exists that you will not be able to sustainably enforce or impose your data protection rights, such as your right to information, correction, deletion or data transferability (see point 3)</li> <li>A higher probability may exist that an incorrect data transfer can occur and the protection of personal data will quantitively and qualitatively not reflect the comprehensive requirements in accordance with the DS-GVO.</li> </ul> A transfer of your personal data to third parties other than for the purpose described herein or in the respective declaration of consent will not take place. We will only transfer your personal data to a third party if: <ul> <li>you have given your expressed consent to do so;</li> <li>a transfer is necessary for the enforcement or assertion of legal claims and there is no reason to assume that you have in interest in preventing this transfer that is worthy of protecting;</li> <li>in the event that a transfer is legally required and this is permittable by law and necessary for contractual settlement.</li> </ul> For a transfer of data outside of the European Union, the high level of European data protection does not apply. For a transfer it can happen that no appropriateness resolution in accordance with Art. 45 Abs. 1, 3 DS-GVO exists for the transfer of data. This means that the EU Commission has not yet positively determined that the country-specific level of data protection meets that of the European Union in accordance with the DS-GVO, which is why we created the aforementioned appropriate assurances. Possible risks that may not be completely avoidable in conjunction with the transfer of data are: <ul> <li>Your personal data may possibly be processed above and beyond the intended purpose.</li> <li>Furthermore, the possibility exists that you might not be able to sustainably assert or enforce your data protection rights such as those for information, correction, deletion or transfer.</li> <li>A high probability may exist that an incorrect processing of data can occur and the protection of your personal data will quantitatively and qualitatively not reflect the requirements of the DS-GVO.</li> </ul> III. User rights Information for those affected Each affected person has the right to information in accordance with Art. 15 DS-GVO, the right to correction in accordance with Art. 16 DS-GVO, the right to deletion in accordance with 17 DS-GVO, the right to restriction of processing in accordance with Art.18 DS-GVO, the right of revocation in accordance with Art. 21 DS-GVO and the right to data transferability in accordance with Art. 20 DS-GVO. For the right to information and the right to deletion, restrictions in accordance with §§ 34 und 35 BDSG apply. With regard to this and other inquiries regarding personal data you can contact us any time using the contact information in our Imprint. Information for filing a complaint You have the right to file a complaint with the authorized data protection supervisory authority about the processing of your personal data by us. The authority responsible for addressing legal issues regarding data protection is the state data protection commissioner of the state in which our company has its seat. The following link offers a list of data protection commissioners in Germany: www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html. Information for revoking consent Assigned consent to the processing of personal data can be revoked at any time. This also applies to the revocation of declarations of consent that were given us prior to the new data protection regulations that took effect on May 25, 2018. Please note that the revocation cannot be made retroactively. The processing of data that took place prior to your revocation will remain unaffected. Your rights for data processed for direct advertising In accordance with Art. 21 Abs.2 DS-GVO, you have the right to revoke the processing of your personal data at any time. In the event of a revocation by you, your personal data will no longer be processed for the purpose of direct advertising. Please note that the revocation cannot be made retroactively. The processing of data that took place prior to your revocation will remain unaffected. Information for revocation rights for the balancing of interests In as far as we process your personal data based on a balance of interests you can object to the processing at any time. When submitting such an objection we ask that you supply well-founded reasons as to why you do not want your personal data to be processed as we described in this document. In the event of a justified objection we will examine the circumstances and either end the processing of data, adapt the processing of data or explain why we consider the processing of data to be essential and worthy of protection. Links to external Websites Our Websites can contain links to external Websites. Please note that this Data Protection Declaration applies exclusively to Maxon Websites. We have no influence on nor do we assure in any way that external Websites adhere to applicable data protection regulations. Modifications to Data Protection Declaration We reserve the right to make modifications or to amend this Data Protection Declaration in accordance with applicable data protection requirements.