SOLIDWORKS APPS FOR KID’S PRIVACY POLICY

Dassault Systemes SolidWorks Corporation, a Delaware Corporation headquartered at 175 Wyman Street, Waltham Massachusetts 02451 U.S.A., (hereinafter “DS SolidWorks”) is a wholly-owned subsidiary of Dassault Systemes.  DS SolidWorks has always recognized data protection as an important topic for its stakeholders in the digital age and understands the responsibility that comes with the handling of personal data.

Please be aware that some supplemental country-specific terms may be applicable as detailed at the end of this Privacy Policy

1. WHAT THIS PRIVACY POLICY COVERS

This Privacy Policy describes how DS SolidWorks collects, uses, shares, and secures personal data about you and your child on the DS SolidWorks Apps for Kids websites  www.swappsforkids.com  and http://classroom.swappsforkids.com, and related software and applications used on or downloaded from these two websites (the “Sites”)  and also describes your and your child’s choices and rights regarding the use, access, and correction of your or your child’s personal data.

For your convenience, hyperlinks may be posted on the DS SolidWorks Sites that link to other websites or apps that DS SolidWorks does not own or control. This Privacy Policy is not applicable to them and DS SolidWorks has no liability for the content of third-party websites nor the personal data they collect.

DS SolidWorks encourages you to read the privacy policies of the other websites you visit and the services you use.

2. WHAT PERSONAL DATA IS COLLECTED AND PROCESSED BY DS SOLIDWORKS

Personal data means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the natural person.  In any event, the personal data processed is limited to data necessary for the purposes described in this Privacy Policy.

The personal data processed by DS SolidWorks includes:

Personal Data you submit to us

In order to use the kid’s applications featured on the Sites, DS SolidWorks requires that users provide their email address, country of residence, and month and year of their birth. If the user is under 16 years of age, DS SolidWorks will not collect their email address, but rather DS SolidWorks will collect the email address of their parent or guardian instead.

Personal Data DS SolidWorks may collect from you and your device(s)

• Device Information: type of browser (e.g., Chrome or Internet Explorer), operating system (e.g., Windows 10 or Mac OS), and hardware (e.g., whether the device is a touchscreen device).
• User Information: number of visits, average time spent on the site, pages viewed, etc., but this information is not traceable back to an individual user.
• City information from teachers who are Registered Users of the Apps For Kids Classroom site only

Additional information

If you contact DS SolidWorks with a complaint or query about the Site, DS SolidWorks may keep a record of that correspondence to ensure we provide good customer service.  DS SolidWorks may also ask you to complete surveys about our products and services that we use for research purposes, although you do not have to respond to them.

3. PROTECTION OF PERSONAL DATA CONCERNING CHILDREN

When the person who registers to use the Sites indicates that he or she is under 16 years old, DS SolidWorks will ask for the email address of the child’s parent or guardian. DS SolidWorks uses the parent’s or guardian’s email address to seek verifiable consent for the individual’s use of Apps for Kids, without which the use of such apps is not allowed.

If DS SolidWorks learns that it has collected personal data from a child under 16 or has allowed the use of the Apps by a child who is under 16 without such consent, it will delete that personal data and disallow the use of the Apps as quickly as possible.

DS SolidWorks does not require any individual registering or using the Sites to disclose more information than is reasonably necessary to participate in any activity on the Sites.

4. WHY YOUR PERSONAL DATA IS PROCESSED BY DS SOLIDWORKS

DS SolidWorks only uses your or your child’s personal data as permitted by law.  The legal bases and purposes of DS SolidWorks’ processing of your or your child’s personal data are described below:

With your Consent

• To communicate with you or your child, including when you or your child requests information related to the Sites and apps;
• To ascertain your or your child’s requirements and interests;
• To provide a personalized, interactive use of the Sites and apps and allow access to all their features;
• To allow accounts to be opened and maintained to obtain documentation and technical assistance;
• To create, edit, share, and import content;
• To participate in training exercises and challenges;
• To like other creator’s content;
• To operate, maintain, administer and improve the Sites and SolidWorks Apps for Kids Software Service.

To comply with the following legitimate interests:

DS SolidWorks takes into consideration and balances any potential impact on you or your child (both positive and negative) and your or your child’s rights before processing your or your child’s personal data for purposes based on legitimate interest. Unless DS SolidWorks has your consent or is otherwise required or permitted to do so by law, DS SolidWorks will not use your or your child’s personal data in situations where the impact on you  or your child outweighs its legitimate interest in processing such personal data:

• To improve your or your child’s experience by better understanding your or your child’s needs and interests and personalizing your  or your child’s experience with the Apps for Kids Software Service  and the Sites by remembering your or your child’s settings;
• To create anonymous data for analytics;

To protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity as well as for security and safety prevention, within the framework of DS SolidWorks Cybersecurity Program.

To comply with the law:

• To manage DS SolidWorks legal obligations related to compliance laws and regulations including but not limited to anti-corruption laws, applicable export laws, trade sanctions, and embargoes issued, by the European Union and its member states, and of the United States of America and other countries, if any. This may include: (i) conducting automated checks of any user registration data identified in this Privacy Policy and other information you provide about your identity against applicable sanctioned-party lists; (ii) regular repetition of such checks whenever a sanctioned-party list is updated or when you update your information; (iii) blocking of access to DS SolidWorks services and systems in case of a potential match; and (iv) contacting you to confirm your identity in case of a potential match;
• To validate a child’s age and country of residence in order to determine when we need to seek verifiable parental consent;
• To comply with lawful requests and legal process such as to respond to subpoenas or requests from government authorities as detailed hereinafter.

5. HOW LONG YOUR PERSONAL DATA IS RETAINED

DS SolidWorks does not store your or your child’s personal data for more time than necessary and only as long as required to fulfill the purposes set out above. Retention periods may vary depending on the data categories and the processing activities. To determine the appropriate retention period for personal data, DS SolidWorks considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your or your child’s personal information, the purposes for which DS SolidWorks processes such personal data and whether DS SolidWorks can achieve those purposes through other means, and the applicable legal requirements:

• where DS SolidWorks is required to comply with a legal obligation, the retention period will be determined according to the applicable law;
• where you gave your consent, until you withdraw it;
• where DS SolidWorks has entered into an agreement with you, as long as the agreement is in force plus the applicable local statute of limitations;
• where DS SolidWorks has a legitimate interest in using your or your child’s personal data, for a limited period of time appropriate to ensure a fair processing of such personal data or until you object to DS SolidWorks’ use of your or your child’s personal data subject to DS SolidWorks’ compelling legitimate grounds for continued processing which override your interest in objecting or for the establishment, exercise or defense of legal claims;

Where your or your child’s personal data is required to assert or defend against legal claims, DS SolidWorks will retain such personal data until the end of the relevant retention period or until the claims in question have been settled.

At the end of the retention period, your or your child’s personal data will be deleted or anonymized using processes and methods in accordance with data protection standards.

6. WITH WHOM DS SOLIDWORKS SHARES YOUR PERSONAL DATA

DS SolidWorks does not rent or sell personal data but may share your necessary personal data for certain business purposes with the following categories of organizations:

• Within Dassault Systemes: Dassault Systemes is a worldwide multi-tiered organization, located in the Americas, Asia and Europe to provide you with responsive and proactive services. In that globalized context, DS SolidWorks may need to share your personal data for example to provide you with customer support services.
• Third parties acting on DS SolidWorks’ behalf: DS SolidWorks may share your personal data with service providers that DS SolidWorks employs to perform tasks on its behalf (such as hosting services by a third party) or to protect DS SolidWorks’ legal interests (such as in the event of a sale of assets to a third company, or a change of control or a total or partial liquidation of DS SolidWorks).

Law enforcement: Under certain circumstances, DS SolidWorks may also disclose your personal data if required by law or if DS SolidWorks believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of DS SolidWorks, DS SolidWorks’ customers, or the public.

Unless DS SolidWorks receives express authorization from a user or parent or guardian of a user, DS SolidWorks does not share any information with these third parties that may be traceable to an individual.

7. INTERNATIONAL DATA TRANSFERS

When accessing the Sites or the apps on the Sites, please note that through your continued use of it, if you are located in a different country than the Sites or apps, you consent to the transfer of your personal data to a country outside of your own where privacy laws may not be as protective as those in your jurisdiction.

As part of a worldwide multi-tiered organization, DS SolidWorks or its affiliates may transfer your personal data from a country or region to another country or region, including anywhere in Africa, Asia, Europe, and the Americas. This can for example happen when DS SolidWorks provides you with training, support services, or hosted services.

Whenever DS SolidWorks transfers your personal data to countries not deemed by your country’s authorities (e.g. the European Commission) to provide an adequate level of personal data protection, the transfer will be based on safeguards recognized by your country’s authorities as providing adequate protection for personal data such as the Standard Contractual Clauses issued by the European Commission your informed consent for the transfer or any other relevant mechanism.

Please contact us if you want further information on the mechanism used by DS SolidWorks when transferring your personal data.

8. WHAT ARE YOUR RIGHTS

Parents have a right to consent to our collection and use of personal information from a child under 16 years of age without also consenting to its disclosure to third parties.

DS SolidWorks will take reasonable steps to ensure that the Personal Data collected is used for the purposes stated in this Privacy Policy and that such Personal Data is correct and up to date.

You have a right to access your or your child’s Personal Data, to request the rectification, completion, update, portability, and erasure of that Personal Data, and to obtain a copy of the Personal Data stored by DS SolidWorks.  In addition depending on the applicable data protection law, you may also have a right to restrict the processing of that personal data and to object to specific processing of that personal data if that processing is based on legitimate interests. Those with an account may be able to exercise these rights by logging on to the account.  Otherwise, you may exercise these rights by submitting your request to the following email address: privacy@solidworks.com  Depending on the scope of the request and where allowed by law, DS SolidWorks reserves the right to charge a reasonable fee to cover any out-of-pocket costs incurred in connection with such access, modification, and/or deletion of Personal Data.

DS SolidWorks may request specific information from you to confirm your identity or process your request. Applicable laws may require or permit DS SolidWorks to decline your request but in all cases, DS SolidWorks will provide you with an explanation of its position, subject to legal restrictions.

9. DATA SECURITY 

DS SolidWorks highly recommends that users choose login names and passwords that do not contain personal data and cannot be traceable to an individual. For example, do not use your real first or last name or anything close to that as your login/user name or password.

DS SolidWorks maintains appropriate technical and organizational measures to protect your personal data from loss, misuse, and unauthorized access, disclosure, alteration, and destruction during transmission and once in its possession. However, while DS SolidWorks strives to protect your personal data, in light of the inevitable risks linked to the Internet, DS SolidWorks cannot guarantee full protection against any leak.

It is important for you to exercise caution to prevent unauthorized access to your personal data. You are responsible for the confidentiality of your password and information appearing on your account. Consequently, you must ensure that you log out of your session in the event of shared use of a computer.

10. COOKIES AND SIMILAR TECHNOLOGIES

In order to improve your browsing experience on the Sites DS SolidWorks uses cookies or other similar technologies that may process your personal data.

DS SolidWorks uses the following types of cookies on the Sites:

• Strictly necessary cookies are always used as they are essential for you to properly use the Sites or apps and cannot be switched off. For example, they allow you to save your personalization settings (cookie preferences, presentation of a service).
• Functional cookies are used in order to improve the performance of the Sites and apps, to provide you with optimized features and a more personal experience by collecting information when you visit a DS SolidWorks website or app. Functional cookies also include analytics and performance cookies that are used to collect information about the traffic to the Sites and how users use the Apps. The information gathered may include the number of visitors to the Sites, the websites that referred you to the Sites, the pages you visited on the Sites, what time of day and duration you visited the Sites, whether you have visited the Sites before, and other similar information. DS SolidWorks uses this information to help operate the Sites more efficiently, to gather broad demographic information, and to monitor the level of activity on the Sites.

To see the detailed list of cookies used by DS SolidWorks on the Sites and their purpose, click here.

Disabling Cookies

You can remove or reject functional cookies at any time through the cookie banner or by clicking the “Personalize your cookies preferences” link in the footer on the website. However, if you do not accept certain functional cookies, some functionalities and features of the sites and apps may not function properly and you may experience some inconvenience in their use. For example, DS SolidWorks may not be able to recognize your computer or mobile device and you may need to log in every time you visit the Sites.

11. CONTACT – DISPUTE RESOLUTION

DS SolidWorks is committed to ensuring the privacy of personal data.  A user or parent or guardian of a user as applicable can contact DS SolidWorks by writing to us at the address listed below or by sending an email to privacy@solidworks.com or by contacting the Dassault Systemes Data Protection Officer via the following form: https://www.3ds.com/privacy-policy/contact  if:

• they have any questions about this Privacy Policy;
• they encounter any issue when having access to your personal data or related to your rights as described above;
• they believe that DS SolidWorks is not complying with the GDPR or the applicable local data protection laws;
• they have a reason to believe that the security of your personal data has been compromised or misused;
• they wish to review, delete, and/or disallow further collection of information of themselves or their child,   they wish to obtain more information about our privacy practices or they wish to exercise any other rights they may have regarding their personal data as described in this Privacy Policy.

When you want to report a claim by lodging a complaint to the Dassault Systemes Data Protection Officer, you will need to send a letter to the address mentioned at the end of this section or submit your claim using the form mentioned above containing (in addition to the information required by the form and depending on the type of rights) the name or reference of the concerned processing and any additional information as reasonably requested by the Dassault Systemes Data Protection Officer.

If your or your child’s usual place of residence is in European Union, Lichtenstein, Norway, or Iceland, you have a right to file a complaint with your local data protection authority.

Address:
Dassault Systemes SolidWorks Corporation
175Wyman Street
Waltham MA  02451

Attn. Americas Data Protection Officer

12. DATE OF ENTRY INTO FORCE OF THE PRIVACY POLICY AND CHANGES TO IT

DS SolidWorks reserves the right to modify and update this Privacy Policy at any time in accordance with DS SolidWorks requirements and circumstances or where required by applicable laws and regulations.  DS SolidWorks encourages you to periodically review this page for the latest information on its privacy practices. If major changes occur to this Privacy Policy, DS SolidWorks may inform you via email or by posting a notice on DS SolidWorks Apps for Kids websites or apps and seek your consent to those changes where necessary.

If we make a material change to how we use Personal Data collected by the Sites from children under 16 years of age, we will notify parents or guardians, as applicable, by email in order to obtain verifiable parental consent for the new uses of the child’s Personal Data.

Any modifications to this Privacy Policy will be effective upon DS SolidWorks posting of the new terms and/or upon implementation of the new changes in the Sites.
Revised:   December 20, 2022

13. PRIVACY NOTICE FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, UTAH, AND VIRGINIA

Under the state privacy laws applicable to residents of the states of California, Colorado, Connecticut, Utah, and Virginia, you may be entitled to benefit from some or all of the following additional provisions regarding your personal data. Where the Privacy Policy refers to “personal data”, it shall be interpreted, as applicable, to mean “personal information” as defined by the applicable data protection law.

What are the Categories of Personal Data Collected

The categories of personal data DS SolidWorks collects about US residents are identifiers (e.g. name, address, email, phone number, and internet or other electronic network activity information (e.g. usage information, IP and MAC address, cookie information, and user feedback).

What Are Your Rights and Choices

Depending on your state of residence, you may have the right to request that DS SolidWorks disclose to you certain information about DS SolidWorks’ collection and use of your personal data. That information may include:

• The categories of personal data DS SolidWorks collected about you;
• The categories of sources from which DS SolidWorks collected your personal data;
• DS SolidWorks’ business or commercial purpose for collecting, or sharing your personal data;
• The categories of third parties with whom DS SolidWorks shares your personal data if any;

A copy of your personal data and a list of recipients, as applicable.

To exercise the rights described above and in the Privacy Policy, you can call DS SolidWorks toll-free (in the US only) at (888) 337-0030 or submit the request to the following email address: privacy@solidworks.com

Only you, or a person, or a business entity registered with the Secretary of State in your state of residency to conduct business in your state of residency that you authorize to act on your behalf, may make a request related to your Personal Data. The request must provide enough information to allow DS SolidWorks to: 1) reasonably verify you are the person about whom DS SolidWorks collected Personal Data or an authorized representative and 2) enable DS SolidWorks to properly understand, evaluate, and respond to it. Making such a request does not require you to create an account with us. DS SolidWorks will only use personal data provided in a request to verify the requestor’s identity or authority to make the request.

Revised: December 20, 2022