Privacy Statement
Effective date: 5 May 2022
1. Introduction
Enscape GmbH (“Enscape”, “us”, “we”, or “our”), based at An der Raumfabrik 33b, 76227 Karlsruhe, Germany, operates the Enscape website https://enscape3d.com/ (“Website”) and provides Enscape’s real-time rendering and virtual reality software (“Product”) (collectively referred to as the “Services”). The protection and security of your personal data is important to Enscape. Personal data means data about a living individual who can be identified from that data (or from that and other information either in our possession or likely to come into our possession) (“Personal Data”). This Privacy Policy (“Policy”) tells you how we collect, use, share and protect your Personal Data which is collected through our Services. If you are one of our partners or resellers, this Policy also tells you how we process the Personal Data of our contacts in your company.
If you do not agree with this Policy or any part thereof, you should not access or use any part of the Services. If you change your mind in the future, you must stop using the Services and you may exercise your rights in relation to your Personal Data as set out in this Policy.
2. Personal Data Collection and Use
We obtain Personal Data about you from various sources as described below.
Personal Data You Provide to Us
- Account Information: when you create an account with us to use the Enscape Community Forum, or otherwise as a customer, we will collect your email address, username and password, and avatar or photo should you choose to provide one for the Forum. We will also collect any content you generate through use of the Forum, such as your public posts and private messages.
- Contact Information and Other Information you Choose to Provide: you have the ability to provide a variety of information during your interactions with us, such as through emails or other communications, including when you enquire about our Services. When you contact us via a contact form, email, or other means, you provide us with Personal Data, such as your name, contact details and the content of your communications. When you sign up for a webinar, virtual event or free Product trial you provide Personal Data such as name, email address, industry, company, job role and phone number.
- Support Information: when you request technical support services, we will process your Personal Data such as your name and the contact details you use to contact us, as well as information on the reasons for your support request, and any additional information you may provide in that context.
- Payment Information: when you purchase a subscription to one of our Products via the Website, you provide us with your email address, name, address and company. We also collect your credit card information, solely for the purpose of fulfilling your payment request. To process these payments we use third party payment processors. These payment processors process your personal data, including payment information, in accordance with their own privacy policies. We also collect records of any transactions you make.
- Candidate Information: if you apply for a job via the Website careers portal, you provide application information including your name, contact details, CV information, references, certificates and job expectations.
- Partner and Reseller Data: if you are Enscape’s partner or reseller, we process the Personal Data of our business contacts at your company, including name, email address and phone number.
Where applicable, we may indicate whether and why you must provide us with your Personal Data as well as the consequences of failing to do so. For example, it may be necessary for you to disclose certain Personal Data in order for us to provide the Services to you.
Information Collected via Automated Means
- Cookies and Similar Technologies: we collect Personal Data via cookies, pixel tags, or similar technologies on our Services (collectively referred to as “cookies”), including for conducting analytics and advertising. For more information on our use of cookies, please read our Cookie Policy.
- Usage and Device Data: when you access and use the Services, we receive and store information about interactions with our Services, such as settings used, timestamps showing frequency and duration of use, and statistics. We also collect information regarding your device, such as your system environment (including software, CAD and operating systems, graphics card CPU and memory versions) and device identifiers.
Information We Receive from Third Parties
- Partners and Resellers: if you reach out to one of our resellers or partners about Enscape Products, our resellers and partners will provide us with your Personal Data to allow us to provide the Products and support to you, including your name, contact details, and details of your subscription.
- Publicly available resources: we collect information from publicly available resources, such as the names of company directors from companies’ registers.
- Other Third Parties: we obtain Personal Data about you from other third parties for the purposes set out in this Policy, including from references and background check agencies if you apply for a job with us.
- Social Networking Services: We have “fan pages” on social media sites like Facebook, Twitter, LinkedIn, Instagram, YouTube (“Social Media Pages”) in order to provide customers, partners, or other interested parties with up-to-date information about our company and to get in contact with them. Information that you may provide through the Social Media Pages is collected by the provider of the relevant social media platform. The companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages. We recommend that you contact the respective platform provider to learn more about the platform’s use of your Personal Data when visiting Social Media Pages.
3. How and Why we Use Your Personal Data
To the extent we collect Personal Data from you, as described in this Privacy Policy, we use such information for the purposes, and rely on the legal bases, listed below. Note, that in certain circumstances detailed below, we will process Personal Data on more than one legal basis depending on the specific purpose for which we are using your Personal Data.
In some instances, as set out below, we have a legitimate business interest in processing your Personal Data. We only rely on legitimate interest as a legal basis when such legitimate interests are not overridden by your interests or your fundamental rights and freedoms and we ensure we comply with any request you make to exercise your rights.
| Purpose | Legal Basis |
|---|---|
| To provide our Services, including to provide the Products and access resources such as webinars and virtual events, and to operate, maintain and support our Services. | Performance of contract; or our legitimate interests |
| To create your account for the Enscape Community Forum, and when you purchase a Product, and to secure and maintain it. | Performance of contract; or our legitimate interests |
| To run the Enscape Community Forum, including allowing you to post and share on it, send messages to other individuals, and to provide content moderation. | Performance of contract; our legitimate interests; or to comply with our legal obligations |
| To communicate with you, including to notify you about changes to the Services and this Policy, contact you for administrative purposes, to provide services and information that you request, and to contact you regarding issues concerning your use of our Services. If you are a reseller or partner, we will communicate with you to manage our relationship. | Performance of contract; or our legitimate interests |
| Subject to any consent requirements, to send marketing materials by email and phone, send alerts about latest developments, newsletters and blog updates. You will always be provided with an opportunity to opt-out of receiving such communications. | Consent; or our legitimate interests |
| To provide support including to help us fix any technical issue, including where we respond to your questions or respond to your request for support, maintenance, troubleshooting, or other performance issues. | Performance of contract; or our legitimate interests |
| For administrative and legal purposes, such as for compliance purposes, including enforcing our Terms of Service or enforcing or defending other legal rights, for tax reporting purposes, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency, and to comply with our legal obligations and internal policies as permitted by law, and to help keep our Services safe and fair. | To comply with our legal obligations; or our legitimate interests |
| For analytics and product development, including by analysing and evaluating your usage of the Services and/or by asking you to participate in market research and surveys, so that we can continue to develop, test and improve our Services to offer new and/or enhanced functionality and features. | Our legitimate interests |
| To create aggregated or anonymised information, in a form that does not allow individuals to be identified, and using the resulting information for statistical purposes, including to better understand our customer base. | Our legitimate interests |
| For personalisation, to customise our Services. | Our legitimate interests |
| To advertise our Services, and to measure the effectiveness and distribution of our advertising campaigns. | Our legitimate interests |
| If you apply for a job with us, to assess your suitability for the role, to prepare a contract of employment and for onboarding purposes | To take steps prior to entering into a contract; our legitimate interests |
If where we are processing your Personal Data to perform our contract with you you do not provide the Personal Data, we may not be able to conclude or fulfill our contract with you.
4. How we Share your Personal Data
In some circumstances we will disclose Personal Data about you:
- Affiliates: affiliates and subsidiaries of Enscape may receive your Personal Data.
- Other Users of the Enscape Community Forum: when you use the Enscape Community Forum your profile, including your username which does not need to be linked to your real name, and a photo or avatar should you choose to add one, will be visible to other users of the Forum, as will any messages you choose to post and messages you like.
- Service Providers: we work with third parties to provide services such as hosting, maintenance and support. These third parties may have access to or process your Personal Data as part of providing these services to us. For the purposes described above we engage providers of website analytics, hosting and cloud computing services and other IT services, moderation services, consultancy services, regulatory services, legal services, event software providers, customer support services, advertising services and payment processing services in addition to other administrative services. Where you apply for a job with us, we use a providers of an HR portal.
- Advisors: we work with various advisors, including tax consultants and legal advisors, with whom we may share your Personal Data.
- Resellers and Partners: we may share Personal Data such as name and contact details with our resellers and partners, including for the purposes of marketing, sales and the provision of the Product.
- Legal: information about our users, including Personal Data, will be disclosed to law enforcement agencies, regulatory bodies, public authorities or pursuant to the exercise of legal proceedings if we are legally required to do so, or if we believe, in good faith, that such disclosure is necessary to comply with a legal obligation or request, to enforce our terms and conditions, to prevent or resolve security or technical issues, or to protect the rights, property or safety of Enscape, our users, a third party, or the public.
- Business Transaction: if Enscape is involved in a merger, acquisition or asset sale, financing due diligence, reorganisation, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Data may be transferred including as part of any due diligence process.
- Aggregated Information: we may use and disclose aggregated or otherwise anonymised information for any purpose, unless we are prohibited from doing so under applicable law.
- Facebook Custom Audiences: Our Website uses the Facebook remarketing function “Custom Audiences” from Facebook Ltd (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; http://www.facebook.com/policy.php) (“Facebook”). This enables users of the Website to be shown interest-based advertisements (“Facebook ads”) as part of their visit to the Facebook social network or other websites that use the process. When Facebook Custom Audiences is integrated, your browser automatically establishes a direct connection with the Facebook server and Facebook receives notification that you have accessed the relevant pages on our Website or clicked on an ad from us. f you are signed up for a Facebook service, Facebook can assign the visit to your account. Even if you have not signed up or are not logged in to Facebook, it is possible for the provider to identify and store your IP address and other identification features. The “Facebook Custom Audiences” function can be deactivated here and (by registered users) at https://www.facebook.com/settings/?tab=ads#https://www.facebook.com/settings/?tab=ads#_. We have no control over the extent and further use of data that is generated when Facebook uses this tool.
For more information about data processing by Facebook, see https://www.facebook.com/about/privacy. [We may also, with your consent, share your email address with Facebook for the same purposes.]
5. Exercising Your Rights
You have the following rights in relation to your Personal Data, as provided under applicable law, and subject to any limitations in such law:
- access the Personal Data we hold about you;
- request we correct any inaccurate Personal Data we hold about you;
- request we delete any Personal Data we hold about you;
- restrict the processing of Personal Data we hold about you;
- object to the processing of Personal Data we hold about you; and/or
- receive any Personal Data we hold about you in a structured and commonly used machine readable format or have such Personal Data transmitted to another company.
You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email or by contacting us at info@enscape3d.com. You may continue to receive service-related and other non-marketing emails.
Where you have been asked to consent to the processing of your Personal Data, you can withdraw consent, including by contacting us using our contacts details below. Any withdrawal of consent will not affect the lawfulness of the processing based on your consent before the withdrawal. Please also note that where you withdraw consent, we will only stop processing your Personal Data that relates to the withdrawal of consent.
To exercise any of your rights in connection with your Personal Data, please contact us using the contact information in the “Contact Us” section below. Please note that we may ask you to verify your identity before responding to such requests. In addition, we may have valid legal reasons to refuse your request and will inform you if that is the case. Note that applicable laws contain certain exceptions and limitations to each of these rights.
You may also lodge a complaint with a supervisory authority, including in your country of residence, place of work, or where you believe an incident took place.
6. International Data Transfers
Your information, including Personal Data, may be accessed from and transferred outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are based in the United Kingdom, the EEA or Switzerland, this means that your Personal Data may be transferred outside of the United Kingdom, the EEA and Switzerland, including to our affiliates and service providers in the United States Please note that these counties may not provide the same protections as the data protection laws in the United Kingdom and/or the EEA.
If we transfer your Personal Data internationally, we will ensure that relevant safeguards are in place to afford adequate protection for your Personal Data and we will comply with applicable data protection laws, in particular by relying on an EU Commission adequacy decision or on contractual protections for the transfer of your Personal Data. For more information about how we transfer Personal Data internationally, please contact us as set out in the “Contact Us“ section below.
7. Children’s Privacy
Our Services are not directed to children, and we do not knowingly collect Personal Data from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us as set out in the “Contact Us” section below. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
8. Retention of Personal Data
We retain your Personal Data only for as long as is necessary to fulfil the purposes for which it was collected and processed, in accordance with applicable laws or until you withdraw your consent (where applicable).
To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9. Security of Personal Data
We have implemented administrative, technical and physical safeguards to protect the confidentiality, integrity and availability of your Personal Data.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you think your account has been compromised, please contact us as soon as possible, using the contact details in the “Contact Us” section below.
The transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk.
10. Do Not Track
Some internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
11. Links to Other Sites
The Website may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
12. Changes and Updates to this Policy
We may update our Policy from time to time. We will notify you of any changes by posting the new Policy on this page.
If we make material changes, we will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
13. Complaints
If you wish to lodge a complaint about how we process your Personal Data, please contact us at datenschutzanfragen@xdsb.de. We will endeavor to respond to your complaint as soon as possible. You may also lodge a claim with the data protection supervisory authority in the EU country in which you live or work, or in the UK, or where you believe we have infringed data protection laws.
14. Contact Us
Enscape is the entity responsible for the processing of your Personal Data, and for the purpose of the European Union’s General Data Protection Regulation and the UK equivalent of the same, is the data controller in respect of the processing of your Personal Data. If you have any questions or comments about this Policy, our privacy practices, or if you would like to exercise your rights with respect to your Personal Data, please contact us at info@enscape3d.com, +49 721/132 060-60, or An der Raumfabrik 33b, 76227 Karlsruhe, Germany. Alternatively, please contact our data protection officer at datenschutzanfragen@xdsb.de.
If you are based in the UK, you may also contact our UK data protection representative at chaos@datarep.uk
Enscape – Cookie Policy
Effective Date: 05 may 2022
This Cookie Policy tells you about how Enscape GmbH (“Enscape”, “us”, “we”, or “our”), based at An der Raumfabrik 33b, 76227 Karlsruhe, Germany, uses cookies and similar technologies on our website and related services (together, the “Services”). This Cookie Policy should be read in conjunction with our Privacy Policy https://enscape3d.com/privacy/. If you have any questions or concerns about the Cookie Policy or its implementation please contact us at info@enscape3d.com or datenschutzanfragen@xdsb.de or as otherwise described in our Privacy Policy.
What are Cookies?
Cookies are very small text files used by Internet sites, which your browser stores on your computer and that can send specific information to us or, if necessary or with your consent, a third party. Our Services, and our partners if you agree to it, use cookies, beacons, invisible tags, unique IDs and similar technologies (collectively “Cookies”) to collect information about your browsing activities, and to distinguish you from other users of our Services. This will improve your experience when you browse our Services, allow us to show you content that might be of interest to you, and allow us to enhance the functionality of our Services, increase security, and measure use and effectiveness of our Services.
This Cookie Policy also governs other types of tracking technologies used through our Services, namely:
- Pixels: A pixel is a small amount of code on a web page or in an email notification that typically works in conjunction with cookies to identify users and record user behavior. We use pixels to learn whether you have interacted with certain web or email content. This helps us measure and improve the Services and personalize your experience.
- Local Storage: Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage, including HTML5, to customize what we show you based on your content consumption and other past interactions with the Services.
- Device Identifiers: Device identifiers are distinctive numbers associated with a smartphone or similar handheld device. We use mobile device identifiers for purposes set out in this Cookie Policy, for example to recognize your device when you return to the Services or otherwise use the Services.
How We Use Cookies
The Services use two types of cookies: session and persistent cookies. Session cookies store a so-called session cookieID, with which various requests from your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. The session cookies are automatically deleted when you log out or close the browser.
Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. Unlike session cookies, these are not deleted automatically when you close your browser. You can delete cookies in the security settings of your browser at any time.
Enscape uses the following categories of cookies:
Data collected through essential Cookies are processed within the scope of our legitimate interest in providing and operating the Services. Other Cookies are set only if you give your prior consent via our Cookies Settings.
You can find out more about the different categories of Cookies used on the Services and their duration via our Cookies Settings. You can learn about your options for managing the data collection settings of these technologies under the “How do I limit online tracking?” section below.
We have set out below a description of certain Cookies most commonly used in our Services:
Social Media Plugins
We use the following social media plugins: Facebook, Instagram, LinkedIn, Twitter , and YouTube.
Only by clicking on the button will the content of the plugin be transmitted to the respective operator of the social media platform. We have no control over the collected data and data processing operations of the respective operator of the social media platform, nor are we aware of the full scope of data collection, purposes, and retention periods of the respective operator of the social media platform. Typically the transmitted data includes the URL of the page visited and the IP address and/or another platform-dependent identifier you have used. If you are also logged in on the respective social media platform, the respective operator can assign the visit to your user account.
The plugins allow us to interact with social networks and other users so that we can improve our offerings and make them more interesting to you as a user.
The purpose and scope of data collection by the respective operator of the social media platform and the further processing and use of such data by the operator, as well as your related rights and settings options to protect your privacy, can be found in the privacy policy of the respective operator of the social media platform:
- Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; http://www.facebook.com/policy.php.
- Instagram: Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland; https://www.facebook.com/help/instagram/155833707900388
- Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland; https://twitter.com/en/privacy
- LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland;http://www.linkedin.com/legal/privacy-policy.
- YouTube: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.https://policies.google.com/technologies/partner-sites.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), to collect data that helps us understand how people are using our Services.
On our behalf, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to gather more information about website and Internet service activity to provide related services to us. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by adjusting the corresponding setting of your browser software; however, please note that, if you do this you may not be able to use all the features of this website to the fullest possible extent. In addition, you may prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plugin available via https://tools.google.com/dlpage/gaoptout?hl=en or http://tools.google.com/dlpage/gaoptout?hl=de or alternatively revoke your consent by clicking on the following link (opt-out cookie).
Click here to opt-out of Google Analytics
This website uses Google Analytics with the extension “_anonymizeIp ()”. As a result, IP addresses are shortened in order to exclude a direct personal reference.
More information about Google’s data usage, settings and opt-out options can be found on the Google website: https://support.google.com/analytics/answer/6004245?hl=de&ref_topic=2919631
HubSpot Marketing Automation
We use the services of HubSpot Inc., 25 First Street, 2nd Floor, Cambridge, Massachusetts 02141, USA, in order to provide you with content tailored to your interests based on your use of our website. For more information about data processing by HubSpot , see https://legal.hubspot.com/product-privacy-policy.
Google reCAPTCHA
We use the Google reCAPTCHA service (provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland) to prevent spam messages, especially from bots. When reCAPTCHA is used, Google processes the data specified under “Logfiles” in particular. In addition, a fingerprint is used for the duration of the session to prevent spam, provided that you have given your consent through our cookie banner.
Google is responsible for the processing of data, i.e. we have no influence on the type, scope, or purpose of the data processing performed by Google. For more information on the purpose and scope of data collection and processing by Google, see https://www.google.com/policies/privacy/.
Logfiles
Each time you access our site, we collect the following data about your computer: the IP address of your computer, the request of your browser, and the time of this request. As part of this request, our systems also record the status and amount of data transferred, along with product and version information about your browser, and your computer’s operating system. We also record which website referred you to our site. The IP address of your computer is stored only for period over which you are using the website, after which it is deleted or anonymized.
We use this data to operate our website, in particular to detect and eliminate website errors, to determine the utilization of the website, and to make adjustments or improvements to it (to the extent the information constitutes personal data, the legal basis for processing it is our legitimate interest – Art. 6 Para. 1 (f) GDPR).
Embedded Content from Third Parties (YouTube, etc.)
If content from third-party providers such as Google Maps or YouTube is displayed on our website, your IP address and the content displayed under “Log files” must be transmitted to the third-party provider in order to make this content available and display it in your browser. This ensures that our website is appealing. The legal basis for such processing is our legitimate interest – Art. 6 Para. 1 cl. 1 (f) GDPR. We do not have any influence or control on data processing performed by third parties. If you are registered with the third-party provider with a user account, the third-party provider can assign your user behavior to your user account. The third-party provider may save your data as a user profile and use it for the purposes of advertising, market research and/or needs-based website design. If you wish to exercise your right to object to the creation of these user profiles, you must address this to the relevant third-party provider.
For more information on the purpose and scope of data collection and processing by the third-party providers, please see their privacy policy. You will also find more information on your rights and setting options to protect your privacy there:
- YouTube, Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; https://policies.google.com/technologies/partner-sites.
How do I limit online tracking?
You may revoke your consent at any time with future effect by changing your cookie settings via our Cookie Banner .
There are a number of additional ways to limit online tracking, which we have summarized below:
- Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org. Use the following links to learn more about how to control cookies and online tracking through your browser:
- Firefox; Chrome; Microsoft Edge; Safari
- Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
- Using privacy plug-ins or browsers. You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
- Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
- Digital Advertising Alliance
- Network Advertising Initiative
- Platform opt-outs. The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising:
- Google opt-out
- LinkedIn opt-out
- Microsoft opt-out
Note that the above opt-out mechanisms are specific to the device or browser on which they are exercised. You will need to opt out on every browser and device that you use.