Last Modified Date: July 22, 2022
- “Personal Data” refers to any information relating to an identified or identifiable individual in the meaning of:
- The European Data Protection Law, for individuals (“data subjects”) in the European Economic Area (EEA) or when the European Data Protection Law otherwise applies;
- For individuals residing in the United Kingdom, Data Protection Act 2018;
- For individuals residing in the State of California, the California Consumer Privacy Act 2018 (CCPA);
- For individuals residing in other jurisdictions, the applicable legislation on Personal Data protection (e.g., LGPD – Lei Geral de Protecao de Dados in Brazil).
- “Soft Construct”, “we”, “us” and/or “our” refers to Soft Construct Limited and its Affiliates, unless specified otherwise.
- “Website(s)” our platform https://softconstruct.com/ or another URL we designate.
3.INFORMATION WE COLLECT
We may collect data, including Personal Data, about you as you use our Website, and otherwise interact with us. Some of our Website’s functionality can be used without providing any Personal Data.
Like many other commercial websites, we use certain technologies, such as tools for collecting usage data, cookies, web beacons, pixels, and similar technologies, to automatically collect information that may contain Personal Data as you navigate our Website.
When users come to our Websites, we may track, collect, and aggregate information indicating, among other things, which pages of our Websites were visited, the order in which they were visited, when they were visited, and which hyperlinks were clicked. We also collect information from the URLs from which you linked to our Websites. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Websites. We may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
Cookies and Similar Technologies:
- Google Analytics. The Website use Google Analytics, a web analytics service of Google Ireland Limited (Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland). The use includes the "Universal Analytics" operating mode. This facilitates the assignment of data, sessions and interactions across several devices to a pseudonymous user ID and thus the analysis of a user's activities across devices.
4.HOW WE USE YOUR PERSONAL DATA
We use the Personal Data we collect, described above, as follows:
As necessary for certain legitimate interests, including:
- If we have not entered into a contract with you, to operate and administer our Websites, to provide you with content you access and request (e.g., to download content from our Websites), and to respond to your requests for our Website;
- To manage our relationship with you, which includes sending administrative information to you, for example, information regarding the Website and changes to our terms, conditions, and policies, and responding to you requests or communicating with you;
- To analyze trends and track your usage of and interactions with our Websites in order to improve or enhance your experience by providing you with more relevant content and service offerings and help us develop new products and services (including to increase our Website’s functionality, product features, and user-friendliness).
- To prevent fraud or criminal activities, misuse of our products or services and ensure the security of our IT systems, architecture and networks;
- If you ask us to delete your data or to be removed from our marketing lists and we are required to fulfill your request, to keep basic data to identify you and prevent further unwanted processing.
5.HOW WE SHARE YOUR PERSONAL DATA
Soft Construct will not sell, rent, lease or otherwise provide your Personal Data to others, except in order to provide you with the services you request and as further described below, or with your permission or as required by applicable legislation.
- Service Providers. We may engage other companies and people to perform tasks on our behalf - meaning they are helping us provide our services. In particular, we use third party providers of fraud prevention, and risk assessment, hosting and other information technology services, email communication and customer support services, analytics, marketing, advertising and investor relations. Following our instructions, these parties may process your Personal Data in the course of providing the relevant services to us.
- Affiliates. We may share your data with our affiliates for administrative purposes; for helping us provide our services (such as providing engineering services), provide related customer support or to conduct sales and marketing activities on our behalf. For example, if you request information about a company or a service from a Soft Construct company, then we may pass your Personal Data relevant to such request onto another Soft Construct company to enable them to appropriately respond to your request.
- Social networking websites. Where permissible according to applicable legislation we may use certain limited Personal Data about you, to hash it and to share it with social network websites, such as Facebook or Google, to generate leads, drive traffic to our Websites or otherwise promote our products or Services. The social network websites with which we may share your Personal Data are not controlled or supervised by us. Therefore, any questions regarding how your social network websites service provider processes your Personal Data should be directed to such provider.
- Business Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of a service to another provider, your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction.
- Legal Requirements. We may share your Personal Data so that we can comply with a legal obligation to which we are subject, protect and defend the rights or property of Soft Construct, act in urgent circumstances to protect your personal safety or that of the public, or protect Soft Construct against legal liability. For example, where we are obliged to share your Personal Data with regulatory bodies which govern our work and services; government departments such as law enforcement, courts orders; financial institutions; external auditors; etc.
We retain your Personal Data for as long as reasonably necessary complying with our legal obligations or for other legitimate business purposes, such as maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements. After the applicable retention period has elapsed, your Personal Data will be anonymized and deleted.
7.HOW WE PROTECT YOUR PERSONAL DATA
Our services are not directed to children who are under the age of 18. We do not knowingly collect Personal Data from children under the age of 18. If you have reason to believe that a child under the age of 18 has provided Personal Data to us, please contact us at [email protected] and we will endeavor to delete that information from our databases.
9.BASIC RIGHTS AND PRINCIPLES
Lawful Bases for Processing
Your Personal Data will be:
- processed lawfully, fairly and in a transparent manner in relation to you (“lawfulness, fairness and transparency”);
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (“purpose limitation”);
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimization”);
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that Personal Data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”);
- kept in a form which permits identification of you for no longer than is necessary for the purposes for which your Personal Data are processed; your Personal Data may be stored for longer periods insofar as it will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures (“storage limitation”);
- processed in a manner that ensures appropriate security of your Personal Data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures (“integrity and confidentiality”).
What Rights Do You Have Regarding Your Personal Data?
As the data subject, you have:
- the right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of the Personal Data along with certain other details.
- the right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible.
- the right to erasure: You may ask us to erase your Personal Data in some circumstances, such as where we no longer need it or you withdraw your consent. If we shared your data with others, we will alert them to the need for erasure where possible.
- the right to restriction of processing: You may ask us to restrict or “block” the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible.
- the right to data portability: You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that we processed with automated means. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- the right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- if we are relying on a legitimate interest to process your Personal Data - unless we demonstrate compelling legitimate grounds for the processing or your data is needed to establish, exercise, or defend legal claims; or
- if we are processing your Personal Data for direct marketing.
- the right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
- the right to make a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
International Transfers of Personal Data
If you are accessing our Websites from the EEA, the UK or other regions with laws governing data collection and use, please note that in connection with our business and for administrative, management and legal purposes, we may transfer your Personal Data from the country where you reside to other members of our group in the jurisdictions in which our Affiliates are established and to our service providers. These countries may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located. Where we transfer your Personal Data as described above, we will take steps to ensure that your Personal Data receives adequate security protection where it is processed and your rights continue to be protected pursuant to the applicable data protection legislation, including through the use of Standard Contractual Clauses approved by the European Commission. In some cases, transfers of your Personal Data to us is necessary to perform the agreement we have entered into, or are about to enter into, with you.