Shapespark Privacy Policy

This Privacy Policy applies to a service for creating and hosting web-based 3D scenes and to a service for participating in audio-video meetings within the web-based 3D scenes (“Services”). The Services are provided by Shapespark sp. z o.o. (“Shapespark”, “we”, “us” or “our”) through a website hosted at shapespark.com domain and its subdomains (“Website”) and a desktop application for Windows (“Desktop Application”).

For the purposes of the EU data protection laws, Shapespark is a “data controller”, that is the company that is responsible for, and controls the processing of your personal data.

Short summary

We only collect the information you choose to give us, and we process it with your consent, or on another legal basis; we only require the minimum amount of personal data that is necessary to fulfill the purpose of your interaction with us; we don't sell it to third parties; and we only use it as this Privacy Policy describes.

Please read on for more details.

What information we collect

Information you provide to us directly

If you create an account, we require some basic personal data at the time of account creation, including your username, password, country, and a valid email address.

If you communicate with us via email or in any other way, we will collect the communication contents including your communication identifiers such as email address or your first and last name.

When you send us a problem report from the Desktop Application, we collect your problem description, and if you decide to include application logs in the report, we also collect the log files. The log files record the information about the application internal operation, which may be helpful during the problem investigation. The log files may include the names of the files your 3D scene consists of, such as the texture files, and they may also include the name of your Windows user as part of the path of the Desktop Application directory or Shapespark scenes directory.

Information collected from our online reseller Paddle

Online purchase of licenses and services offered on the Website is performed through our online reseller Paddle.com Market Limited (“Paddle”). Whenever you use a purchase button, an overlay provided by Paddle is opened on top of the current page, and whenever you use or a link to update your billing information, you are redirected to the Paddle’s website at https://paddle.com. Paddle is responsible for the information collected during the purchase process (with regard to EU data protection laws Paddle is a “data controller” for this information) and this information is subject to the Paddle Privacy Policy. In particular, Paddle is responsible for your billing information such as credit card number and address, and we do not collect this information.

When you purchase a license or a service from Paddle, Paddle shares with us the information needed for the license or service fulfillment. The information we collect in such cases include notifications about purchases, subscription cancellations, and successful or unsuccessful automatic subscription payments. These notifications contain your personal data such as your name, email address, country, and the date and time of the event.

Information shared during audio-video meetings

If you join an audio-video meeting within a web-based 3D scene, we require you to specify a display name that will be public to all the meeting participants. The display names allow the meeting participants to identify which participant the shared information comes from.

During meetings you can interact with a 3D scene. Examples of such interactions include changing your position in the 3D scene, looking at some object, highlighting an object with a pointer, changing material of an object. Your interactions are collected and shared with other meeting participants in real-time.

When joining or during a meeting, you can decide to share your audio-video or screen content streams with the meeting participants. If you decide to do so, the meeting participants will see the recording from your camera, hear the recording from your microphone and see content of your screen. This information is collected and shared in real-time, it is not stored by us. Make sure you are comfortable sharing this data with the participants.

The content of audio, video and screen share streams is sent from your machine directly to our data processor Twilio Inc. The streams are encrypted, Twilio decrypts and accesses the content of the streams only for purposes of optimizing and re-encoding the streams before sending them to other meeting participants.

During a meeting you can create and respond to textual notes. The content of the notes together with your display name is collected by us and stored until the meeting owner deletes the meeting.

We collect meetings usage data, such as a meeting join date and time and the meeting participation duration for the billing and operational purposes.

The 3D scenes you upload

A 3D scene created with the Desktop Application is stored on your computer and is not sent to our servers, unless you request it to be uploaded from the application. When you upload a 3D scene, we collect all the files the 3D scene consists of. We do not intentionally collect personal data that is contained in your 3D scene, including, but not limited to, in the 3D scene name, textures, or represented as 3D geometrical shapes. Information in your 3D scene belongs to you, and you are responsible for it, as well as for making sure that your content complies with our Terms of Service. Any personal data within a user's 3D scene is the responsibility of the 3D scene owner.

Information collected automatically from website browsers

If you're using a browser to view the Website, we use cookies and web server logs to collect information about your activities on the Website and information about your device. This information include your Internet Protocol (IP) address, browser type, operating system, referring/exit site and the date and time of each browser request.

We allow the Google Analytics tool described below to analyze this information.

Information collected automatically from Desktop Application

When you use the Desktop Application, the application communicates with our servers to check your credentials when launched, and periodically to verify license validity and check for software updates. It also communicates with the servers when you upload a 3D scene or send a problem report. As a part of the web server logs, we collect your username, IP address and date and time of each communication request.

Our use of cookies and other tracking technology

Cookies

A cookie is a small amount of data, which includes a unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.

We use our own cookie to keep you logged in to your account. This cookie cannot be disabled without making the access to your account impossible.

In the account interface third-party Paddle cookies are used to track referrers on checkout, and to analyze the usage of the checkout dialog provided in the Paddle overlay.

We also use cookies as a part of the Google Analytics tools described below.

Web beacons

Some of our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permits us, for example, to count the number of users who have opened an email.

Google Analytics

We use a tool called “Google Analytics” to collect some information we listed above about your use of the Services. We use the information we get from Google Analytics to measure traffic and usage trends, and to understand more about the demographics of our users. We do not combine the information collected through the use of Google Analytics with personally identifiable information.

Google Analytics may set cookies on your browser, or read cookies that are already there.

You may prevent Google Analytics from collecting your information by downloading the Google Analytics Opt-out Browser Add-on.

What are the legal grounds for our processing of your information

To provide you the Services

We use your information to perform the contract with you by allowing you to create and host 3D scenes, providing you with technical support and assistance, and communicating with you about the Services.

For some geographic regions we use the information about your country to improve efficiency of 3D scenes uploads, by selecting destination servers that are located near to you.

For countries where we partner with regional resellers, we use information about your country to show you information about resellers operating in your region.

To optimize, improve and protect the Services

We use your information in our legitimate interest in the improvement and optimization of the Services. The analysis of the collected information helps us in making decisions on the directions of development of the Services.

We also use your information in our legitimate interest in the protection of the Services. The collected information allows us to ensure and maintain the security of the Services, and to investigate, prevent or take action regarding illegal activities, frauds and violations of the Terms of Service and the Shapespark End User License Agreement.

To promote the Services to you

When we have your consent, we use your information to notify you about Services updates.

How we share the information we collect

We share your information, including personal data, with a limited number of third-party vendors who process it on our behalf to provide or improve the Services, and if we have your consent also to promote the Services. The vendors agreed to privacy restrictions similar to our own Privacy Policy by signing data protection agreements. Our vendors perform services such as providing cloud computing infrastructure, sending administrative or promotional emails. When we transfer your data to our vendors, we remain responsible for it.

We share your information during audio-video meetings as described in the “Information shared during audio-video meetings” sub-section of the “What information we collect” section above.

We share aggregated, non-personally identifying information with our users. For example, we share the 3D scene usage data with the user who uploaded the 3D scene.

We may also share aggregated, non-personally identifying information with potential customers, business partners, and funding sources, in order to describe our business and operations.

We may disclose your information, including personal data, to public authorities or law enforcement, either in response to lawful requests, or when we believe in good faith that disclosure is necessary, in order to investigate, prevent, or take action regarding illegal activities, suspected frauds or violations of the Terms of Service or the Shapespark End User Agreement.

We may share your information, including personal data, if we are involved in a merger, sale, acquisition, or reorganization. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of your personal data, and we will notify you on our website or by email before any transfer of your personal data. The organization receiving any personal data will have to honor any promises we have made in our Privacy Policy or in our Terms of Service.

Cross-border storage and processing of information

We may store and process your information on computers located outside of your country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. We will take all steps reasonably necessary to ensure that any your information is treated securely and in accordance with this Privacy Policy.

For transfer of personal data outside the EEA we have entered into EU standard contractual clauses between us and the data processors.

How we secure your information

We take all measures reasonably necessary to protect your personal data from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of personal data.

Unfortunately, no method of transmission, or method of electronic storage is completely secure. In the event of a data breach that affects your personal data, we will act promptly to mitigate the impact of a breach and notify any affected users without undue delay.

For how long we store your information

We will keep your personal data for as long as your account is active or as needed to provide you the Services, comply with our legal obligations, resolve disputes or enforce our agreements.

How we communicate with you

Operational emails

If you are a registered user, we send you operational emails, which are crucial for the operations of our services, and you can not opt-out of them without deleting your account.

Operational emails include:

  • Administrative emails - We send you administrative emails, such as a welcome email, a password reset instructions, or trial period expiration notification.
  • Support emails - We send you support emails, either as a direct response to a support request, or if we learn about some service malfunction that might affect you.

Promotional emails

When we have your consent, we send you occasional newsletter emails with Services updates.

Your choices with respect to your information

You may stop receiving promotional newsletter emails from us by clicking on the "unsubscribe link" provided in such communication, or by changing your newsletter preferences at https://cloud.shapespark.com/.

You may prevent Google Analytics from collecting your information by downloading the Google Analytics Opt-out Browser Add-on.

Your rights with respect to your information

We respect the following rights with regard to your personal data:

  • You may check what personal data we have about you, and how we process this data.
  • You may correct the personal data we have about you.
  • You may obtain a copy of the personal data we have about you.
  • You may request deletion of your personal data in certain circumstances, such as where the personal data is no longer necessary in relation to purposes for which it was collected or processed.
  • You may restrict the processing of your personal data by us in some circumstances, such as where the accuracy of your personal data is contested by you, for a period enabling us to verify the accuracy of that personal data.
  • You may object to the processing of your personal data whereby we must assess if we can continue to process this information.

We will respond to your requests within a reasonable timeframe.

If you are unhappy with our handling of your personal data you can lodge a complaint to your local Data Protection Authority. A list of Data Protection Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Children's privacy

The Services are not directed to children under the age of 16. We do not knowingly collect information from children under 16. If you believe that we might have any information from a child under 16, please contact us.

Changes to our Privacy Policy

We may update this policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to email address associated with your account or by placing a prominent notice on our website. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.

Contact information

Questions, concerns, requests and other communications regarding this Privacy Policy are welcomed and should be addressed to:

team@shapespark.com

Shapespark sp. z o.o.
ul. Karmelicka 27/7
31-131 Kraków
Poland