Last updated: December 05th, 2019
The following information are communicated to You so that You know Allegorithmic commitments regarding protection of Personal Data, Allegorithmic acting as Data Controller for the processing of Personal Data referred to in this document.
Allegorithmic’s registered office is at 3 avenue Julien, 63000 Clermont-Ferrand, France. Allegorithmic’s contact email address is firstname.lastname@example.org.
- “Agreement”: means (i) the General Terms and Conditions, (ii) the Specific Terms and Conditions and (iii) the Third-Party Licenses, available on the Websites, which a User intending to license Software or Copyright Asset must enter into with Allegorithmic.
- “Copyright Asset”: means interactive media Content including without limitation materials, brushes, patches, High Dynamic Range Images (HDRI’s), meshes, Substance materials and any other form of works which are subject to copyright laws, that are distributed either through (i) an Allegorithmic proprietary License on Substance Source or another proprietary Allegorithmic platform or (ii) a Creative Commons License on Substance Share.
- “Data Controller”: means the entity that determines the purposes and means of the processing of Personal Data collected on the Websites.
- “Device”: means any device, including desktop, laptop, PC or Mac computers, smartphones, tablets, or any other device that is used to access the Services.
- “French Data Protection Act”: means the French Data Protection Act dated 6 January 1978 as modified in 2004, on the processing of personal data and the protection of individuals.
- “Personal Data”: means information that identifies You directly or indirectly, such as your name, your email address, and your credit card number.
- “Services”: means any or all of the following: Software, Copyright Assets and any other form of interactive media content that are distributed by Allegorithmic on the Websites.
- “Software”: means the Allegorithmic proprietary software products, licensed to You under the applicable Agreement.
- “Website” means Allegorithmic’s website, web pages and online stores, including substance3d.com.
- “You”: means any natural or legal person visiting Websites and using Services offered by Allegorithmic or third parties.
COLLECTION OF PERSONAL DATA
WHAT PERSONAL DATA DO WE PROCESS?
In the context of Personal Data processing, Allegorithmic collects and processes for instance the following data:
- E-mail address;
- Customer license category;
- Your comments or questions posted on the user forum available on Website;
- Any emails you send to us, including the content thereof, in order to send you a reply.
Allegorithmic, as Data Controller, collects your Personal Data when You:
- create an account;
- participate in Allegorithmic community forums;
- purchase and access Software and/or Copyright Assets;
- access and use the Website;
- subscribe to the newsletter;
- receive customer or technical support.
Allegorithmic processes Personal Data for the following purposes:
- provide You with Services;
- enhance the quality of the Websites and Services;
- better understand your needs;
- contact You;
- send You marketing emails;
- make connections from Allegorithmic’s servers to your Device for statistical purposes in order to improve the Services;
- perform a remote monitoring of your use of the Services and check your compliance with the applicable terms and conditions.
LEGAL BASIS OF OUR DATA PROCESSING
Allegorithmic implements data processing only if at least one of the following conditions is met:
- your consent to the processing operations has been obtained;
- the existence of Allegorithmic legitimate interest, or that of a third party, which justifies that Allegorithmic implements this processing of Personal Data;
- the performance of a contract binding Allegorithmic to You requires that Allegorithmic implements this processing of Personal Data;
Allegorithmic is subject to statutory and regulatory obligations which require this processing of Personal Data.
WHAT ARE YOUR RIGHTS?
YOUR RIGHT TO INFORMATION
In addition to this information and with the aim of ensuring fair and transparent processing of your Personal Data, You further acknowledge that You have received additional information concerning:
- the period for which your Personal Data will be kept;
- the existence of the rights which are granted to You and the terms and conditions to exercise them.
If Allegorithmic decides to process data for purposes other than those indicated, all information relating to those new purposes will be communicated to You.
YOUR RIGHT OF ACCESS TO AND RECTIFICATION OF YOUR DATA
You have the right to access and rectify your Personal Data, which You can exercise with Allegorithmic at the following address: email@example.com.
In this respect, You have the confirmation as to whether or not your Personal Data are being processed and where this is the case, access to your data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipient as well as the international organisations to whom the Personal Data have been or will be disclosed, in particular recipients in third countries;
- where possible, the intended period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the Data Controller rectification or erasure of Personal Data or restriction of processing of Personal Data concerning the data subject or to object to such processing;
- the right to lodge a complaint with a supervisory authority;
- where the Personal Data are not collected from the data subjects, any available information as to their source;
- the existence of automated decision-making, including profiling, and in this case, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
You can ask Allegorithmic to, as the case may be, rectify or complete your Personal Data that are inaccurate, incomplete, equivocal or expired.
YOUR RIGHT TO ERASURE OF YOUR DATA
You can ask Allegorithmic to erase your Personal Data where one of the following grounds applies:
- The Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw the consent You have previously given;
- You object to the processing of your Personal Data and there is no legal reason for such processing;
- The processing of Personal Data does not comply with the provisions of the applicable legislation and regulations;
- Your Personal Data have been collected in relation to the offer of information society services to children under 16 years of age.
Nevertheless, the exercise of this right will not be possible when the retention of your Personal Data is necessary for compliance with statutory or regulatory provisions and for instance, for the establishment, exercise or defence of legal claims.
YOUR RIGHT TO RESTRICTION OF PROCESSING
You may request restriction of processing of your Personal Data in the cases provided for by law and regulation.
YOUR RIGHT TO OBJECT TO DATA PROCESSING
You have the right to object to the processing of Personal Data concerning You when the processing is based on the legitimate interest of the Data Controller.
YOUR RIGHT TO DATA PORTABILITY
You have the right to portability of your Personal Data.
The data on which this right can be exercised are:
- Only your Personal Data, which excludes anonymized personal data or data that does not concern You;
- Declarative Personal Data and Personal Data relating to our functioning, as mentioned above;
- Personal Data which do not adversely affect the rights and freedoms of others such as those protected by trade secrets.
This right is limited to processing based on consent or contract as well as to Personal Data that You have personally generated. This right does not include derived or inferred data, which are personal data created by Allegorithmic.
YOUR RIGHT TO WITHDRAW YOUR CONSENT
When the data processing Allegorithmic carries out is based on your consent, You may withdraw it at any time. Allegorithmic will then stop processing your Personal Data but this will have no impact on the previous transactions to which You have consented.
YOUR RIGHT TO LODGE A COMPLAINT WITH A SUPERVISORY AUTHORITY
You have the right to lodge a complaint with the French Data Protection Authority (the CNIL) on the French territory without prejudice to any administrative or judicial remedy.
YOUR RIGHT TO DEFINE POST-MORTEM DIRECTIVES
You can give instructions in relation to the storage, erasure and communication of your Personal Data after your death to a certified trusted third party in charge of enforcing the wishes of the deceased in compliance with the applicable legal framework.
CALIFORNIA CONSUMER PRIVACY RIGHTS
In addition to the rights set out above, California law also provides for some additional rights for California consumers, which are summarized below.
Categories of Personal Data:
Additional information on exercising your rights:
You have the right to exercise the rights listed above free of charge or penalty, but we may limit the number of requests you make or charge reasonable fees as legally permitted.
You may designate an authorized agent to exercise some of your rights; however, in order to help protect the security of your Personal Data, the authorized agent must follow the same authentication procedures that are required if you exercise your rights without using an agent. Allegorithmic will verify requests made through authorized agents to help ensure the safety of your account and to comply with our policies and procedures.
HOW TO EXERCISE YOUR RIGHTS?
All the rights enumerated above can be exercised by sending a request, together with a copy of an ID document, by email to the following e-mail address: firstname.lastname@example.org or by mail to the following address: Legal Department, 3 avenue Julien, 63000 Clermont-Ferrand, France.
Regarding the exercise of your right to information, Allegorithmic is not required to provide You with information where:
You already possess the information;
- the recording or disclosure of your Personal Data is expressly provided by law;
- the provision of information to You proves to be impossible;
- the provision of information to You would involve a disproportionate effort.
If You do not want to receive marketing emails from Allegorithmic anymore, You can, at any time, unsubscribe from our marketing list by clicking the link posted under each email.
RECIPIENTS OF YOUR PERSONAL DATA
The Personal Data Allegorithmic collects, and those we obtained subsequently, are intended for Allegorithmic in its capacity as Data Controller.
Allegorithmic does not sell or rent your Personal Data to third parties.
Allegorithmic ensures that only authorised persons have access to these Personal Data. Our service providers can be recipients of these data to perform the services Allegorithmic entrusts to them. Allegorithmic may share your Personal Data with (i) service providers who are engaged by or working with Allegorithmic in connection with the operation of Services, and (ii) with promotional partners to send You marketing messages, if You have given your permission to receive such messages.
Some Personal Data may be sent to third parties or to legally authorised authorities in order to meet Allegorithmic legal, regulatory or contractual obligations.
You understand and agree that in the event of a sale of some or all of its business or assets or in the event of a purchase of any other business or assets, Allegorithmic may disclose your Personal Data to the prospective seller or purchaser of such business or assets. Allegorithmic does not authorize such third parties to make any use of your Personal Data other than accessing and analyzing your Personal Data.
The aforementioned recipients may be located in countries outside the European Economic Area (“EEA”), such as the United States. Where necessary, Allegorithmic adopts contractual measures to adequately protect your Personal Data transferred outside of the EEA in line with the French Data Protection Act.
HOW LONG IS ALLEGORITHMIC KEEPING YOUR DATA?
The periods for which Allegorithmic keeps your Personal Data are proportionate to the purposes for which your Personal Data were collected. Allegorithmic’s data storage policy is organized as follows:
- Regarding purposes of providing You with Services, enhancing the quality of the Websites and Services, better understanding your needs and contacting You: storage during the time of the contractual relationship with You and maximum of 3 years from the last contact emanating from You.
- Regarding the purpose of sending You marketing emails: 3 years from the last contact emanating from You.
- Regarding if applicable the purpose of making connections from Allegorithmic’s servers to your Device for statistical purposes in order to improve the Services and performing a remote monitoring of your use of the Services and check your compliance with the applicable terms and conditions: the period of time necessary for the analysis.
Your personal data are communicated to Allegorithmic to be able to create an account and benefit from Allegorithmic Services.
In this context, if You refuse to provide Allegorithmic with your Personal Data, Allegorithmic will inform You that this refusal will result in not allowing to benefit from Allegorithmic Services.
DO YOU HAVE ANY QUESTION?