License Agreement

MACHININGCLOUD, INC.
PRIVACY POLICY

Last Modified on February 27, 2019

MachiningCloud, Inc. (“we,” “us” or “our”) is committed to respecting the privacy rights and concerns of all visitors and users of MachiningCloud’s apps, software, products, services, and website (“Features”). We have established and implemented this Privacy Policy, and we have published it on the MachiningCloud website (“Site”) to inform you of how we use and protect the information you provide to us or that we may otherwise collect.

For users located within the United Kingdom and European Union (“EU”), please note that “Part 2” of this Privacy Policy below sets out information pertaining to MachiningCloud, Inc.’s practices under the General Data Protection Regulation (“GDPR”) 2016/679 effective 25 May 2018. For EU users the content of Part 2 applies in addition to Part 1 of this Privacy Policy. If there is a conflict between Part 1 and Part 2, the contents of Part 2 will prevail for those users located in the EU.

By using our Features, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Features.

PART 1

Types of information we collect
We collect personal information from you when you provide it to us, we also collect additional information automatically through your use of the Features. We may collect, store, and use the following categories of information:

  • Identity including first name, last name, email address, company name, job title, industry
  • Contact including telephone and fax number, mailing address
  • Communications includes your preferences in receiving communication from us.
  • Technical including IP address and ISP provider, referrer URL, date and time of your request to us, hostname, browser type and version, time zone setting and location, browser plug-in types and versions, operating system type and version, and other technical characteristic of the device and method you use to access the Features
  • Usage, includes number of visits and duration, page views and duration, use count for certain features, and other usage statistics

We do not collect any Special Categories of personal information about you (such as your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

How we use your information
We use your information to provide the Features to you, deliver products and services you request, complete your transactions, handle your customer service questions and send communications to you that you have requested related to your account and our Features. We may use Technical and Usage data to analyze how users use the Features, to provide customer service to you, and to maintain and improve the Features.

We may make your personal information non-personally identifiable by removing characteristics that make the information personally identifiable such as your name or email address, and then aggregating it with information from other users (“Anonymized and Aggregated Data”). We may use Anonymized and Aggregated Data for the purpose of monitoring and improving our business to better serve you.

Sharing Your Information
Your personal information will only be shared with authorized persons to whom you specifically grant access, such as placing an order for a product or service. However, we may use Anonymized and Aggregated Data that includes your depersonalized information to provide analyses of our Features to existing and prospective business partners. We may also share your personal information we collect from you under the following circumstances:

  • Protection of Rights. We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce our Terms of Use for the Features, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Features, or (iv) such action is appropriate to protect the rights, property or safety of MachiningCloud, its employees, users of the Features or others.
  • Asset Transfers. If we become involved in a merger, acquisition or other transaction involving the sale of some or all of MachiningCloud’s assets, user information, including personal information collected from you through your use of the Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.
  • Third Parties. Where we do share your information with third parties, we will require such third parties to comply with this Privacy Policy and maintain appropriate security to protect your information from unauthorized access or processing, unless we have no ability to do so (for example, where we are sharing information with regulatory authorities or courts).
  • Service Providers. We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf. Additionally, we may partner with other companies to process, analyze, and/or store data including, but not limited to, Analytical Data. While providing services for us, these companies may access your personal information. To the extent applicable, we require these entities to comply with this Privacy Policy and appropriate confidentiality and security measures.

Do not track
In compliance with California legislation, AB370, effective January 1, 2014, and for users in the EU, the GDPR, MachiningCloud, Inc.’s practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you use the Features are as follows: We honor the request of “do not track” signals sent by your browser when you visit the Site or use the Features. For the purposes of the GDPR, this could be when you withdraw consent to the use of tracking cookies or similar technology. Additionally, MachiningCloud does not collect user information about your online activities over time nor across different websites, nor does it authorize third parties to do so.

Cookies
Like many websites, we use cookies in certain areas of the Site to provide us information to make your online experience more convenient, and to maintain and improve the Site. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you or your activities on the Site. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Site may not function properly.

Control of Your Information
You may update or delete your personal information or modify your account preferences for the Features by contacting us at . Please note that if you disable your account, we will keep your information on file for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.

Opting out of communications from us
If you no longer want to receive our emails, you may unsubscribe by following the instructions located in the bottom of the email or from the account management screens within the Features. Please note, while you have an active account you cannot unsubscribe from certain communications from us such as messages relating to account transactions you have requested.

Analytics
Our servers automatically record Usage and Technical data whenever you visit the Site or use the Features. We may also collect similar information from emails we may send to you. This information helps us analyze how users use the Features, provide customer service to you, and maintain and improve the Features.

For this purpose, we use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Therefore, Technical and Usage data may be collected and transmitted to Google servers in the USA and stored thereon. Your IP addresses will under no circumstances be merged with any other Personal Data provided by Google. Your IP addresses are anonymized so that an assignment of the IP address to an individual user will not be possible.

You may avoid the collection of information related to your use of the Site and the processing of this data by Google by downloading and installing a web browser add-on.

As an alternative to the web browser add-on, in particular for browsers on mobile devices, you may avoid the collection of data by Google Analytics by clicking on this link, deactive Google Analytics. An opt-out cookie will be set that will prevent the future collection of information when the Site is revisited. The opt-out cookie is only valid in this web browser and only for the Site and is stored on your device. If cookies in this web browser are deleted, the opt-out cookie must be set again. For more information about privacy related to Google Analytics, see the Google Analytics Help Center.

Security measures we take to safeguard your information
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used, accessed, altered or disclosed in an unauthorized way. The personal information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. We will store your personal information for so long as it is necessary to provide you the Features and will periodically destroy any old personal information that we hold in relation to you in accordance with our company policies, including when it is no longer necessary in order to offer you the same high-quality service. In most cases, we will keep one archival copy of your information to allow us to comply with laws or respond to legal processes. Following the termination of our relationship we will ensure that we destroy all of the personal information that we hold in relation to you within a reasonable period of time or when required by law

Sensitive and private data exchanged between the Features and you are transmitted over an encrypted SSL communication channel and is protected with digital signatures. In addition, we restrict access to personal information to MachiningCloud employees, independent contractors and agents who need to know this information to develop, operate and maintain the Features. All MachiningCloud personnel who have access to this information are trained in the maintenance and security of such information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you, and take the necessary steps to comply with any applicable laws and regulations.

Third-party features
Through the Features you may choose to access websites, software, and services owned and controlled by third parties (“Third-Party Features”). Such access or use of Third-Party Features and any submission of personal information to Third-Party Features will be subject to the applicable third party’s terms, cookie policy, and privacy policy. You agree to look solely to such third party and not to MachiningCloud, Inc. to enforce your rights in relation thereto.

Notification of Changes
This Privacy Policy is effective as of the date set forth above. This Privacy Policy may change from time to time and we will post all changes on the Site. By accessing or continuing to access the Site or the Features after we make such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of personal information is governed by the Privacy Policy in effect at the time we use the information. We encourage you to periodically review this page for the latest information on our privacy practices.

Terms of Use
Please read the License Agreement governing the use of the Site and the Features.

Questions? Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at .

PART 2: GDPR ADDENDUM

This section is only applicable to users located in the United Kingdom or European Union and who are within scope of Article 3 GDPR. In addition to the terms set out above, the following terms are applicable to the personal information that we process about you:

Data controller
The party responsible for the Site (“Controller”) in accordance with the applicable data protection law is:

MachiningCloud, Inc.
1130 Avenida Acaso, Camarillo, CA 93012, USA
+1 805 437 4171

Purposes for which we may use your information
We have set out below a description of all the ways we may use your personal information and the legal bases upon which we rely to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal information where more than one ground has been set out in the table below.

 
Purpose/Activity Categories of information Lawful basis for processing
Browsing the Site • Technical
• Usage
Legitimate Interest: Art. 6 para. 1 a) GDPR
Making a request, completing a webform • Identity
• Contact
Contract performance: Art. 6 para. 1 b) GDPR
Registering and creating an account • Identity
• Contact
Contract performance: Art. 6 para. 1 b) GDPR
Using the Features, beyond just the website • Identity
• Contact
• Technical
• Usage

Contract performance: Art. 6 para. 1 b) GDPR

Legitimate Interests: Art. 6 para. 1 f) GDPR

Partner relationship management • Identity
• Contact
Contract performance: Art. 6 para. 1 b) GDPR
Subscription and communication • Identity
• Contact
• Communication
Consent: Art. 6 para. 1 a) GDPR


Your legal rights under GDPR
Under certain circumstances, you have rights under GDPR data protection laws in relation to your personal information. These rights are set out in the GDPR and include the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:

o If you want us to establish the data’s accuracy.
o Where our use of the data is unlawful, but you do not want us to erase it.
o Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
o You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal information to you or to a third party. We will provide to you, or a third party you have chosen, your personal information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us at .

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally, it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Data Retention
We will only retain your personal information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

You have the right to make a complaint at any time to the national supervisory authority responsible for the administration of the GDPR in your member state. A list of those supervisory authorities is available here. We would, however, appreciate the chance to address your concerns before you approach the Information Commissioner’s Office, so please contact us in the first instance.

International Transfers
MachiningCloud is based in the U.S. Many of our service providers are also based outside the European Economic Area (“EEA”) so their processing of your personal information will involve a transfer of data outside the EEA. Whenever we transfer your personal information outside the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in the EEA.
  • Where we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between the EEA and the U.S.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal information outside the EEA.