ZWSOFT CO., LTD.(Guangzhou) and its affiliates (hereinafter collectively called "ZWSOFT", "us" or "we") are committed to protecting your privacy. This Privacy Statement provides the information practices of ZWSOFT and choices that you can make regarding the use of ZWSOFT to identify your information ("Personal Data"). If you are in the European Union ("EU"), please pay special attention to the information about EU users in section 4.
This Privacy Statement relates to the use of information gathered through any of our website assets (collectively, "Websites") or our software or maintenance products (collectively, "Products") by ZWSOFT. We will only collect and use the information described herein. We will not sell your data to any third parties.
If you have any questions about our Privacy Statement, you can contact our Data Privacy Officer at privacy@zwsoft.com.
1. Data Involved; Purpose of
Data
Processing
Depending on
how you interact with us, we process different types of data in different ways. In general, if you visit our
Websites or use our Products, some data will be processed automatically, while other data will be processed only
when you submit it to us actively (for example, you use our web forms to contact us or upload it to our
Websites).
The data to be processed
when you visit our Websites:
Even
if you only visit one of our Websites, your computer or device will automatically send technical information to
our web servers that we store in log files, including the following “Website Usage Data”:
• Date, time,
and duration of visit;
•
The IP address of your device and your internet service provider (ISP);
•
The referral/exit URL;
• Subsites visited through our Websites;
•
Clickstream data; and
• Date, time, and duration of visit;
•
Information about your device (device type, browser type and version, as well as settings, installed plug-ins,
operating system).
We process the
Website Usage Data to allow you to browse the Website and to ensure its functionality. We also process the
Website Usage Data to analyze the Website’s performance, to constantly improve the Website and correct errors, to
ensure the IT security and operability of our system, also to prevent or detect abuse. We will further process
this data in aggregation or pseudonym to analyze trends, manage Websites, track users’ activities around the
Websites, and to collect the demographic information about our users or to improve our marketing campaigns
(including the provision of personalized and interest-based ads) as well as our users’ experience and
guaranteeing the safety of our IT system.
To
process Website Usage Data, we use cookies and similar technologies. Click here to review our Cookie Notice.
Data
we process when you use our
Products:
ZWSOFT will process
Personal Data when you install and register our Products. You are required to provide some "Product Registration
Data" when installing our Products. Although only email address is mandatory for registration, you may be
requested to submit additional information, including:
•
Your name
• Countries
• Phone number
• State
• City
•
Industry
• Time you are willing to make the purchase
•
Interested Module
• Language
We use Product Installation Data and Product Registration Data to record
your product license (that is to certify and regularly verify the licensing rights of products for anti-piracy
purposes) and to provide support or maintenance services for you. We will also use such information to provide
in-product messaging with information about products, functions or services provided by ZWSOFT.
We will
collect information on the way you use our Products after
installation and registration. For the specific "Product Usage Data", currently, it varies among different
Products, which may include the following information:
•
Operating system
• OpenGL graphics environment
•
Graphics Card
• Screenshot of crash
We process the Product Usage Data to facilitate, evaluate and
verify your
use of our products and services. We will also use the Product Usage Data for our own internal statistics and
analysis, and to assess and enhance the user experience through the identification of customer preferences and
analysis of data corruption.
Data
we process only if you submit it to us:
When
you interact with us via our Websites or Products, you can submit your Personal Data to us in various situations,
including:
Download Data: When you
are downloading Products from our Websites, we will collect the data for email/direct mail marketing. Although it
is mandatory to submit the email address and country, you may also be requested to submit other information,
including:
• Your name
•
Company name
• Email
• Country
• Phone number
However,
they are not mandatory, so you can choose not to fill them in. These data will only be used for the statistical
purpose of improving our Website experience. We will use the email to sent you product download links or
upgrading, new product, promotion information or special offer and other notices upon your permission.
Survey
Data: We may survey our products and services from time to time. It
is optional to participate in our surveys. However, if you respond to one of our surveys, you may provide us with
your personal information. We will only use the information to determine the type of Products that you may be
interested in and to operate and improve our Products unless you otherwise consent.
Email/Direct Mail
Marketing Data: From time to time, we may contact our
customers directly via mail, email or telephone to inform you of upgrades, new products, promotions, or special
offers that you have shown interested in (including our newsletters). However, we will not contact you with any
business correspondence unrelated to the Products you purchased from us until you have agreed to receive it in
advance. When replying to one of the advertisements, you have the option to provide us with personal information
that we will use for the specific purpose. As for how to change the account communication preferences, see
Section 4 below.
Special
Cooperation Plan: We may cooperate with another company to provide you with unique products or services (a
"Cooperation Plan"). Our use of your Personal Data is limited to the specific cooperation plan that you have
joined or chosen to use, and we will disclose the specific Personal Data we will share and the purpose to you
before sharing them with our partner.
Business
Contact or Sales Prospects Data: If you are a business contact or salesman that has shared your Personal Data
with us, we will store your data in our database to follow up on our business conversations, provide you with
more information about our Products, or assist you with purchasing our Products. We may also share your personal
information with the sales representatives of our local branches or distributors so that they can assist you to
meet any demand for our Products.
2. Sharing Personal Data with
Third Parties
We handle
your Personal Data carefully and confidentially and will only pass it to a third party within the scope described
below and not beyond. We do not share, sell, rent, or trade Personal Data with third parties for any promotional
purposes. If our branches, dealers or service providers process Personal Data, they will only operate under our
instructions and promise to strictly abide by the contractual requirements about your data security (including,
but not limited to, complying with this Privacy Statement).
Affiliates:
ZWSOFT is a global company with subsidiaries around the world, including the United States and China (containing
Hong Kong). In the daily course of our business, we share data with our subsidiaries. For example, if one of our
agents contacts you on our behalf, this data will be shared with the relevant ZWSOFT subsidiary, such as ZWCAD
Software America, Inc. in the USA. For the address of our local branches, please visit https://www.zwsoft.com/contact-us/.
Service Providers: ZWSOFT will
deliver the data to service providers to provide our Websites and markets with our Products. This includes
parties that provide us with third-party Cookies, tracking tools, and services that assist us in processing
transactions, including handling the distribution of orders, providing customer support, managing customer
relationship (e.g., Eteams), hosting the Websites (such as Softlayer service), collecting, storing or deleting
your information, or performing statistical analysis of our Websites (such as Google Analytics). We will
occasionally share the Personal Data with independent auditors representing us for anti-piracy or revenue
accounting purposes related to the internal operations of our business.
Business Transactions: If ZWSOFT
is merged or combined with another company,
or another company acquires all or a part of our assets that has been stated in this Privacy Statement, your
information may likely be included in the assets transferred. In this case, you will be notified in advance of
changes in the ownership or the usage of Personal Data through email or outstanding notices on our Websites as
well as any action you can take toward your personal information (if applicable, including your right to object
such transfer).
Public
Institutions: Although we will make every effort to protect user privacy, we may need to disclose some personal
information required by laws. For example, when we believe that it is essential to disclose such information
according to the current judicial procedure, court orders, or litigation or other legal process or action
(whether or not initiated by ZWSOFT) in order to protect the rights, property or safety of ZWSOFT, our users or
the third party. We will only be legally obligated to transmit data to public authorities such as law enforcement
agencies or tax authorities when they request to do so.
Promotional
Offers: As a registered user of ZWSOFT, ZWSOFT may provide you with special offers of our Products or services
that you are interested in from third parties.
3. Reviewing and Requesting to
Change Your Information
EU
users: please refer to Section 4 below for your statutory rights under the GDPR
As requested, ZWSOFT will
make a reasonable effort to inform you whether we
hold any of your personal information. Customers can update, delete, access, or change their account information
by editing their user, group or team records. Open the email we send you and click “Update your profile” to
update your customer profile. We will respond to any requests for access to personal information within 30 days
of receiving such requests.
If you
have registered to receive marketing emails from ZWSOFT, you can follow the above procedures to refuse future
marketing emails.
4. EU resident information
The data controller shall
be ZWCAD SOFTWARE CO., LTD., 32nd floor, Zhujiang City, No. 15, West Zhujiang Road, Tianhe District, Guangzhou.
For any privacy-related question, please contact privacy@zwsoft.com directly.
Legally, you do not need to
provide ZWSOFT with the Personal Data described
in this Privacy Statement. In addition, the contractual relationship you conclude with us by purchasing our
Products does not imply an obligation to provide your Personal Data. However, if you do not provide us with
certain data or object to the use of them, you may not be able to fully enjoy our services.
The legal
Basis for Processing the Data
We will process your Personal Data according to the General Data Protection
Regulation (GDPR), which is a legal framework for the standardization of data protection within the EU. ZWSOFT
shall mainly process data as a controller, for the purposes described in Section 1 and 2, which represent our
legitimate interest in Article 6 (1) f) of the GDPR. At the same time, some Personal Data processed are necessary
for us to enter into a contract or to take measures in accordance with your requirements before signing the
contract. For example, if you want to purchase one of our Products, such as filling out the online form, we will
process the submitted Personal Data to meet your requirements. It may include sharing your Personal Data with one
of our authorized distributors, and then they will use your Personal Data to complete the purchase transaction.
In addition, we are legally obligated to provide certain information to criminal prosecution or tax authorities
in some cases as required. In these circumstances, we may take the legal requirement of Article 6(1) c) of GDPR
or the public interest reason of Article 6(1) e) of GDPR as the legal basis.
Transmit Data to Areas
outside the EU or the EEA
ZWSOFT operates mainly in China, which is the "Third Country" under the
GDPR. Third Countries are widely considered unable to provide the data protection at the level same as the EU.
However, ZWSOFT will provide you adequate level of protection as in these countries.
We guarantee that our
service providers shall be certified according to the
EU–U.S. Privacy Shield Framework and all Personal Data from the EU members shall be processed in line with the
Privacy Shield Framework or we have entered into a contract with these states to provide an adequate level of
protection for your data in strict accordance with the contract provisions.
User Profiles
We
will use your data for "Profiling". This means that we use your data to help us serve you, understand how users
use our Websites, products and to provide and enhance your user experience. However, we will never process and
analyze your Personal Data in the context of Profiling in a way that would lead to an automated decision legally
binding upon you, or that would significantly impair you similarly.
Your right to process your Personal
Data
As a natural person, you have certain rights of the “Data Subject”.
According to the GDPR, you can claim for the following rights:
•
Your right to information and access under Article 15 GDPR,
• Your right to
correction under Article 16 GDPR,
• Your right to erasure under Article 17
GDPR,
• Your right to restriction of processing under Article 18 GDPR, and
• Your right to data
transferability under Article 20 GDPR.
In addition, according to Article 77 of GDPR, you will have the
right to
reject the competent data protection supervisory authority but only limited to the data processing conducted by
ourselves, as the controller in our own name. If ZWSOFT acts as a third-party data processor, this right must be
claimed with reference to the entity acting as the controller.
Information
about your Right of Objection under Article 21 of the GDPR
(1)
The right of Opposition in some cases
In
addition to the above-mentioned rights, you shall have the right to object to processing your personal data at
any time depending on your specific situation, which is processed according to Article 6(1) e) (public interest
data processing) and 6 (1) f) of the GDPR (data processing based on interests balance); this also applies to the
analysis based on this provision within the context of Article 4 (4) of the GDPR. If you disagree, we will not
process your personal data unless we can prove that it is far more than your interests, rights, and freedom or
helpful for maintenance, exercise or defend legal claims. Otherwise, please note that if the processing is
terminated due to your objection, the Websites or Products may not be applicable to you or may be used limitedly.
(2)
The right to oppose processing
data for advertising purposes
You
also have the right to oppose processing your personal data for direct marketing, including subscribing to our
newsletters or personalized advertising; it also applies to analysis as long as it is relevant to such direct
marketing. In this case, we will no longer process your Personal Data.
Any objection can be freely
proposed and sent to privacy@zwsoft.com
(3) Collect Information from Children
ZWSOFT's Websites
shall not be applicable to children under 16 years old. We
will not collect any information from users under 16 years intentionally. If the parents or guardians find their
children have provided Personal Data to ZWSOFT or we are found inadvertently collected this information, please
contact us via privacy@zwsoft.com, so that we can immediately delete the information from our servers.
(4)
Change
ZWSOFT
reserves the right to change this Privacy Statement. We will provide a notification of the significant change to
this Privacy Statement through our Websites at least 30 days prior to the change taking effect.