1. Who is OpenStructures?

1. Headline

OpenStructures, OS, We, Us, Our: OpenStructures, is a Belgian company, registered as OS.Family BV, Provooststraat 10, 1050 Brussels, Belgium with VAT-number BE 0726615815. We operate the OpenStructures Platform and website: www.OpenStructures.net; www.OpenStructures.family; http://openstructures.net.

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2. What personal data do we process and for what purposes?

2. Headline

'Personal Data' for the purpose of this Privacy Policy, means any information that can be used to personally identify you or contact you online or offline or that relates to you and is processed by Us in a way that is connected to your person (e.g. information on your preferences that we can relate to you, as an identifiable person).
What Personal Data we process, how and why we process your Personal Data, will vary according to the type of services or content you use or request. It is possible that multiple of the following categories apply to your situation at the same time.

2.1 When you subscribe to our newsletter(s)

If you sign up to our newsletters, we will process your name and e-mail address. We may also process certain data on how you use the content we send you (e.g. whether or not you open or read our newsletters, whether you click through to our website or linked content, etc.). We gather your name and e-mail address via the subscribe form(s) on our website. 

We process your Personal Data on the basis of your consent to do so, in order to provide you with the content and updates you requested and, on the basis of our legitimate interest, we will process your data to understand how people use Our Platform and its content so that we can improve it.

You can revoke your consent and unsubscribe from our newsletters or change your preferences at any time, by clicking on the designated links in every newsletter we send you. 

You have the right to unsubscribe any time from Our newsletter. In order to process your request we may need to verify your identity for your security. You can do so, by using the "unsubscribe" option in any of Our newsletter communications which means that we will no longer process your Personal Data  for this purpose. Please note: It can take a short time for opt-out requests to take effect.

We store your Personal Data for as long as you do not unsubscribe from our newsletter. After you have unsubscribed, we may keep record of your e-mail address and name for a reasonable and limited period of time, to make sure that we properly follow up on your request to no longer receive newsletters.

2.2 When you register a User Account via our website 

Some of the Services on our Platform (e.g. downloading, buying or submitting designs) are only available when you have a registered User Account. 

When you register a User Account via our Platform, you will be requested to provide the following personal data:

2.2.1 as a Registered User:

• mandatory: First name, Last name, Email address, 
• optionally: company name, profession or position (if you register on behalf of a company) and your preferred contact channel and details: such as telephone number or social media profile (facebook, instagram, skype-ID)

2.2.2 as a Buyer:

You will need to complete your User Account with:

Billing information and adress (street, streetno., postal code, location and country), Delivery adress (if different from Billing address). 

You also need to specify your preferred payment method (via paypal profile or paypal guest chekcout using a Creditcard) and payment details and wether or not We, the Seller or any third party (f.i. transporting company) may contact you conc. f.i. delivery.

2.2.3 as a Professional (such as a Designer, Producer, Seller):

Name of Company / Organisation, a valid VAT number, Billing , correspondance and or retour address (if different from billing address)and Payments details, such as your paypal account and / or credit card details consisting out of name, card no, expiration cate and 3 digit code.

Optionally you can provide also your company number, URL and profile pictureand/ or B&W logo image which allows Us to list you on the Platform within Our network

2.2.4 as a Designer (contributing Designs to the Platform) and as a Seller (selling Products via the Platform):

We will also process information relating to your Design or Product. The technical information regarding your Design/ your Product shall in principle not qualify as personal data, however in order to correctly give you credit for your Designs, you will of course be listed publicly as Designer of the Designs you submit.

We will gather this data mentioned above directly from you, via the account registration form on our platform. We process your Personal Data as it is necessary for the performance of the contract to which you become a party when you use Our Platform and register a User Account. If you do not provide this Personal Data, you cannot register an Account and you cannot use the OpenStructures Platform as a Registered User.

We process your personal data for the following purposes: 

• to provide you access to those parts of the Platform that are only available to registered users; 
• to provide you with the content you have requested or purchased (e.g. downloads of 3D files); 
• to communicate with you and provide you support if necessary; 
• to list you as a Designer and ensure that we can attribute your Designs to you (if and insofar you contribute Designs to the Platform) 
• to list you as a Seller and ensure that others can order Products (either Digital Files or Physical Reproductions) from you
• to credit you and your Designs or Products correctly when undertaking any promotional action, such as for instance, an OpenStructures exhibition, show, fair stand or any digital or printed publication. 
• to ensure that you receive payment if someone
  • downloads a 3D file you have offered up for Sale via the Platform.
  • purchases a product that you offer for Sale via the Platform
• If necessary, we may use your personal data in legal proceedings relation to or as a result of your Use of our Platform, following a court order, regulation or governmental request, cooperating with law enforcement, or uphold our the Terms of Use of our Platform.

Your Personal Data will be stored for as long as you are a Registered User of the OpenStructures Platform. We will no longer store your Personal Data within a reasonable period of time following the termination of your User Account (at your request or for any other reason). In order to safeguard your rights as a Designer of OS_Applications and OS_Parts we may further process your name in relation to your Designs even after termination of your account, unless you specifically request us to erase your name. In this last case, Your Designs will remain published on the Platform as designed by ‘anonymous’. We may have to store part of your Personal Data for a longer time, in order to comply with our legal record keeping and accountancy obligations (for instance if an invoice has been made out to your name, we may need to store such invoice even after you have terminated your user account).

2.3 When you contact Us via our website or other channels

When you contact us via the contact form on our website or via another channel (e.g. via e-mail, chat, or Social Media), we may process your name, your e-mail address (or information regarding your Social Media user account you have used to contact us), your phone number, and other information you provide to us (e.g. your specific question or query). We will process this Personal Data  in order to provide you with an answer to your question or to provide you with the information you have requested. 

Your Personal Data will be stored for a limited and reasonable period of time, as necessary to respond to your question and to follow up on your interest in our services. In any case we will no longer use or process your Personal Data  if you request to have your data erased).

2.4 The use of cookies and similar technologies on our Website

We use cookies and similar technologies on our website, for various reasons, amongst others to improve your user experience, to match the contents of our website to your personal preferences,  to enable third-party services (e.g. Social Media functions such as “like” and “share” buttons), to understand how you use Our website and content, etc. Our use of cookies and similar technologies may imply the processing of data that can be considered as Personal Data . 

To learn more about how we use cookies and similar technologies, please read our Cookie Policy.

3. Who may we share your Personal Data  with?

OpenStructures will not share your Personal Data with any third party unless we have specifically informed you or unless explained in this Privacy Policy or the Cookie Policy or if you have given us specific permission to do this.

OpenStructures may share your personal information with third parties and other recipients, but only in the following circumstances: 

• We may use service providers, agents or contractors to provide support for our operations and to assist Us with administering our services. For instance:
  • CRM service provider
  • Newsletter and mailing service provider: such as mailchimp, Newsletter2go* 
  • IT service providers
  • Design service providers (such as Adobe Typekit)**
  • Payment extensions ***

Any such third party must at all times provide the same levels of security for your Personal Data as OpenStructures and, where required, shall be bound by a legal agreement to keep your Personal Data  private, secure and to process it only on our specific instructions;
 

• We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of OpenStructures, its Users, or the public;
• If you have a registered User Account and are active as a Designer or Seller on the Platform, certain information (such as your Designer or Seller profile, including your first and last or company name, city, country code and URL and the Designs you have either uploaded or you offer for Sale via the Platform, including the name of Designer, Producer and/ or Seller and in the case of the Webshop the company details of the Seller will be visible and public to all visitors and users of the platform via either the Designer profile page, the profile page of the Design or Project or via the Webshop page of an OS_Part or OS_Application. If you do not wish that others can see this information, you should not register as a Designer or you should not offer Products for Sale. 
• In the event of a merger or acquisition of all or part of OpenStructures by another company, or in the event that OpenStructures were to sell or dispose of all or a part of the its business, the acquirer would have access to the information maintained by us, which could include Personal Data , subject to applicable law. Similarly, Personal Data  may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law;

In principle we do not transfer or store your Personal Data outside the European Economic Area (EEA); however in certain instances the third parties to whom we share your data may do so as part of their services to us.

If you are for instance active as a Designer or Seller on the Platform, your Designs or Products could be shown outside of the EEA as part of f.i. an exhibition, a publication, a lecture, or others in which case the same personal information about you as published on the website (and described above, f.i. your Designer or Seller profile and or your Design or Product profile) will be visible and public to the visitors of the event outside the EEA. If you do not wish to disclose this information you should not submit a Design or Product. 

* Newsletter and mailing service provider:
Since our newsletters are sent via an email marketing software, your information is transmitted to this provider. The software provider company is a certified German email marketing software provider, working in accordance with the European directive 95/46, as well as the German Federal Data Protection Act (BDSG), and is prohibited from selling your data and from using it for purposes other than sending email.
When you give Us permission to store your personal information and email address and to send you marketing emails, you can revoke this consent at any time via the unsubscribe link in every mailing.
Data protection measures are always subject to technical innovations. For this reason, we ask you to inform yourself about our data protection measures at regular intervals by consulting their data protection policy. More Info at https://www.newsletter2go.com/information-for-newsletter-recipients/

** Design Servicer Provider:
For the design of our website, we use Adobe's Typekit service based on Article 6 (1) (f) of the General Data Protection Regulation. The purpose and, at the same time, our legitimate interest in using Typekit is to be able to use certain fonts. As part of providing the Typekit service, no cookies are placed or used to provide the font. The following information is collected by Adobe to provide the Typekit service: fonts provided, set ID, account id, service providing the fonts, application requesting the fonts, server providing the fonts, hostname of the page the fonts are loaded. To prevent detection by Typekit, disable JavaScript in your browser.

*** Payment Service Provider:
We accept payments through a gateway like Stripe or PayPal, therefore some of data will be passed to the respective third party, including information required to process or support the payment, such as the purchase total and your billing information. To better understand how a provider uses and stores the data shared with them, check their privacy policies directly:
•    PayPal: https://www.paypal.com/uk/webapps/mpp/ua/privacy-prev
•    Stripe: https://stripe.com/gb/privacy

4. What happens if you decide not to provide your Personal Data ?

If you choose not to submit any Personal Data when requested, you may not be able to make use of Our Services and the content We provide, or We may not optimize our content for you. For example: if you refuse to provide your name, e-mail address, etc., you cannot register a User Account. Or if you refuse to share your contact information when contacting Us with a question, We cannot get back to you with an answer.

5. What rights do you have when we process your Personal Data ?

When we process your Personal Data, applicable data protection law gives you various rights. Your rights and how you can exercise them are detailed in this section. 

5.1 The right to access your Personal Data 

You can contact us at any time to request access to the Personal Data  we hold about you as well as why we have that Personal Data, who has access to the Personal Data  and where we got the Personal Data  from. 

5.2 The right to correct and update the Personal Data  we hold about you

If the Personal Data  we hold about you is out of date, incomplete or incorrect, you can inform us and we will ensure that it is updated after you have provided accurate new Personal Data.

5.3 The right to have your Personal Data  erased

If you feel that we should no longer be using your Personal Data  or that we are illegally using your Personal Data, you can request that we erase the Personal Data  we hold. When we receive your request, we will confirm whether the Personal Data  has been deleted or tell you the reason why it cannot be deleted. If we are required by law to comply with your request, we will fully anonymise your Personal Data so that it is no longer Personal Data and cannot be used to identify you.

5.4 Restricted processing rights

You can ask for the processing of your Personal Data  to be restricted in some circumstances, for example if your Personal Data  could be inaccurate and needs to be verified, or if we no longer require the data but need to keep for you to exercise your own legal rights. Restricting your Personal Data  means that we only store your Personal Data . We cannot continue to process it unless permitted to by you or in order to exercise a legal claim or to protect a third party or the public.

5.5 The right to object to the processing of your Personal Data 

Insofar the applicable regulatory conditions have been fulfilled, you have the right to object to our processing of your Personal Data. Upon receiving the request, we will contact you to tell you if we are able to comply or if we have legitimate grounds to continue processing your Personal Data . If Personal Data  is no longer used by us, we may continue to hold your Personal Data  to comply with our other rights. If we have compelling legitimate grounds to carry on processing your Personal Data, we will be able to continue to do so. Otherwise, we will cease processing your Personal Data.  

5.6 The right to unsubscribe from Our newsletter

You have the right to unsubscribe any time from Our newsletter. In order to process your request we may need to verify your identity for your security. You can do so, by using the "unsubscribe" option in any of Our newsletter communications which means that we will no longer process your Personal Data  for this purpose. Please note: It can take a short time for opt-out requests to take effect.

5.7 The right to data portability

You have the right to request that we transfer your Personal Data  to another controller. Once we have received your request, we will comply where it is feasible to do so.

5.8 Consent

In those cases where we need your consent to hold your information, we may ask you to check a box on any form requiring consent.  By checking these boxes you are stating that you have been informed as to why we are collecting the information, how it will be used, for how long it will be kept, who else will have access to it, what your rights are as a data subject as well as you agree with the processing of your Personal Data  for the described purpose. You have the right to withdraw your consent, at any time. The withdrawal of your consent will not affect the lawfulness of the processing made prior your withdrawal.  

5.9 How to exercise your rights?

If you wish to exercise your rights above, please send an e-mail detailing your request and your identity to info@openstructures.net.

In order to process your request, we may need to verify your identity for your security. In such cases your response will be necessary for you to exercise this right. We may also require additional information, i.e. to help us to locate the particular data specified in your request.

A request to exercise your rights will be responded to as soon as possible and no longer than one month from receiving your request and all necessary identification proof or further information. For particularly difficult or complex requests, or if you have submitted a large volume of requests, we may take up to three months to respond. In such cases we will advise you as soon as possible but no later than one month following the reception of your request, explaining why it will take longer.

6.What can you do if you have questions or complaints?

If you have any further questions on our processing of your Personal Data, you can contact us at info@openstructures.net

If you believe that we process your Personal Data  unlawfully, you have the right to make a complaint to the competent data protection authorities. For Belgium, the competent authority is the Belgian Data Protection Authority (dutch: Gegevensbeschermingsautoriteit – French: Autorité de protection des données) - www.dataprotectionauthority.be/contact-us.

7.Changes to this Policy 

We may change our Privacy Policy from time to time for various reasons. For instance, we may change this Privacy Policy in order to comply with changes in the applicable laws and regulations, if We provide new services or content or make changes to the services or content we provide. You should check this Privacy Policy Policy occasionally to ensure that you are aware of the most recent version that will apply each time you access the website. 

Where feasible, you may also be notified of any significant changes by email.