All capitalized terms not defined herein have the meanings assigned to them in our Terms of Service.
2. Use and Sharing of Personally Identifiable Information. We use your Personal Information that we collect for the purposes for which you submitted it, such as membership information, product authorization, support requests, and requests and inquiries for further information. We do not and will not sell, disclose, or share Personal Information with third parties, including affiliated firms and third parties performing services for us or on our behalf. We may, however, be legally obligated to disclose information to the government or third parties under certain circumstances such as compulsory process and, by continuing to use our Websites, our 4D Products and our 4D Services, you hereby consent to such disclosures as and to the extent permitted by applicable law.
3. Your Right to Know About Personal Information Collected, Disclosed, or Sold. You have the ability to review and change the Personal Information you submit to us by logging into your account with us. You may also request that we delete your Personal Information and/or disclose to you what Personal Information of yours we collect, use, disclose, and sell. You, or your designated agent (as evidenced by a dated, notarized, and manually signed declaration or power or attorney, or certified order of a court or governmental agency) may submit these requests in writing by contacting us at the email address or mailing address below with your account information. Please note that deletion of Personal Information will not ensure the permanent removal of such Personal Information from our systems; for example, such Personal Information may remain in our archival or backup copies of our Websites.
NOTICE OF COLLECTION PRACTICES
In the preceding twelve months 4D Technologies has collected, but not shared or sold, the following Personal Information from and with the following sources:
|Category of Personal Information||Type of Personal Information||Source|
|Commercial Information||Records of 4D Products and 4D Services purchased, obtained, or considered by you||You|
|Internet or other electronic network activity information||
Browsing history on our Websites
|Our cookie technology|
|Professional or employment-related information||Name of current employer and title or position, department, project||You|
Without limiting the generality of the foregoing, we specifically do not sell the personal information of minors under 16 years of age.
4. California Privacy Rights – Shine the Light Law. California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. Additionally, if you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of unwanted data that you publicly post on our platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the platform, but please be aware that the data may not be completely or comprehensively removed from our systems.
5. COPPA. While our platform and our 4D Products and 4D Services are not specifically directed towards children, Enterprise Customers that are educational institutions, school districts, or schools are permitted under their Enterprise Subscription Agreements to use them with their students for educational purposes. With respect to those Enterprise Users’ students, we collect only the following information, which is not shared or sold by us and is used by us only to permit the Enterprise Customer and its students to use and access the platform, the 4D Products, and the 4D Services consistent with the terms of the Enterprise Subscription Agreements and our Terms of Service:
|Category of Personal Information||Type of Personal Information||Source|
|Identifiers||Email address||Enterprise User or student|
|Internet or other electronic network activity information||Information regarding the student’s interaction with our Websites, our platform, the 4D Products and the 4D Services||Our cookie technology|
Students are not allowed to submit any Submissions (as such term is defined in our Terms of Service).
We do not knowingly collect information from children under the age of 13. If you are an Enterprise Customer or a parent or guardian and you learn that any of your students or children under the age of 13 has provided us with personal information, please contact us and at your request we will permit you to review the information and we will delete the information.
6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. You have the right not to receive discriminatory treatment by us for the exercise of your privacy rights conferred by applicable law. We offer no financial incentives for the collection, retention, or use or disclosure of your Personal Information.
7. EU to US Data Transfers. When using or accessing the Websites, the platform, and our 4D Products and 4D Services, we may collect, store, process and transfer your Personal Information to such parties necessary to facilitate your use of and access to the Platform. To this end, we may act as a processor on your behalf or on behalf of those parties and may be deemed a “data processor” as defined in the General Data Protection Regulation (GDPR). Our headquarters is in the United States, and we operate there as well as in other countries, either through our affiliates or through third parties. Therefore, we, ourselves or via third parties, may transfer your personal information to, or process or gain access to it from, jurisdictions that may not provide the same level of protections as your home jurisdiction. We are relying on the derogations in Article 49 of the GDPR, as the United States has not received a designation of adequacy under Article 45 of the GDPR. Therefore, it is important to note that we may transfer your Personal Information to the United States only (a) with your explicit informed consent, (b) for contractual necessity (which means that the processing of your personal information is required for us to provide services to you), or (c) for other reasons enumerated in Article 49, including:
- Our legitimate interest in the provision of access and use of the Websites, our platform, and the 4D Products and 4D Services as agreed by you and us;
- As may be required by applicable law, rule, or regulation;
- Where the processing of Personal Information is strictly necessary and proportionate for the purposes of ensuring network and information security.
We do not collect or store any sensitive data (under the GDPR) about you and we employ a variety safeguards to help to secure and maintain the privacy of your Personal Information.
Under the GDPR, you have eight rights:
- The right to be informed – of the nature of the Personal Information we process, why we process it, and with whom that information may be shared – See Sections 1, 2, and 5 and “Notice of Collection Practices” above.
- The right of access to your Personal Information – See Sections 3 and 4 above.
- The right to rectification of errors in your Personal Information – See Sections 3 above.
- The right to erasure of your Personal Information – See Sections 3 and 4 above.
- The right to restrict our processing of your Personal Information – See Section 3 above.
- The right to portability of your Personal Information – please email us at DPO@cadlearning.com to obtain the Personal Information you have shared using the Website, our Platform, or the 4D Products or 4D Services.
- The right to object – See Sections 3, 4, 5, and 6 above.
- Rights related to automated decision making and profiling – We do not utilize automated decision making or profiling in our provision of the Website, the Platform, or the 4D Products or the 4D Services.