Before using this Website or our Services, you should familiarize yourself with our Privacy Policy, Website Terms of Use, and Platform Terms of Use.

PRIVACY POLICY

I. GENERAL INFORMATION ABOUT US - WHO WE ARE AND HOW TO CONTACT WITH US

Toolkit 3D LLC, a limited liability company incorporated and operating in accordance under the laws of the State of Washington, United States of America, with its registered agent/office: Fairchild Record Search, LTD, 3400 Capitol Blvd., Suite 101, Tumwater, WA 98501, and the Unified Business Identifier (UBI) number 604 988 664, (the “ Toolkit " or “ We ”, “ Us ”, “ Our ”), provides  a service consisting of provision of  Platform access with maintenance services (together the “ Services” ). Toolkit provides its Services available under the domains: toolkit3d.com, dashboard.awesome-ind.com, m-kiosk.awesome-ind.com, customer.awesome-ind.com, api.prod.awesome-ind.com, portal.shapeshift3d.com to conduct its business.

We understand the value of personal data and privacy. We care about how your personal data and confidential data (together the „ Data ”) are used and shared online. We are committed to protecting the privacy of all data collected in the course of our business activities.

The purpose of this Privacy Policy, we would like to inform you of the nature, scope and purposes of the collection, use and processing of your data by Toolkit, and rights you have associated with that data - regardless of whether you are visiting our Website or using our Services, whether you are our employees, associate, service providers, service recipients or customers of our service recipients.

We will process your personal data under this Privacy Policy and in accordance with any agreement with you. Toolkit fulfills conditions deriving from the law, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). We need to process personal data relating to the Services in order to provide and improve the Services and for marketing and promotional purposes.

In the course of our business, we process data as a Data Controller (that is, we determine alone or jointly with others, for which the purposes and the manner in which data are or will to be processed) and as a Data Processor (that is, we process data on behalf of the Data Controller).

1. CONTACT DETAILS

Toolkit 3D LLC,

3400 Capitol Blvd., Suite 101, Tumwater, WA 98501, United States

the Unified Business Identifier number: UBI 604 988 664.

If you have any questions about this Privacy Policy, data protection, privacy and security issues, please contact us at the following e-mail address: privacy@toolkit3d.com

We are a company from the United States and we process data in the United States. However, Toolkit is also a global organization of many companies around the world. Because the data we collect or process may involve European citizen,  we have implemented the data protection standards applicable in the European Economic Area (“ EEA ") – the standards of the Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the EEA and Switzerland, as applicable, to the United States, and applicable EU law including the Standard Contractual Clauses. The protections include the appointment of our representative in the European Union. Our servers are all located in the European Economic Area.

2. CONTACT DETAILS FOR OUR EU REPRESENTATIVE

Awesome Industries Solutions, a limited liability company with its registered office in Kraków, Poland

postal address: al. J. Słowackiego 64, 30-004 Kraków,

National Court Register No: KRS 0000854541,

If your country of residence is in the European Economic Area and you have any questions about this Privacy Policy, data protection, privacy and security issues, please contact us at the following e-mail address: privacy@toolkit3d.com

3 . CONTACT DETAILS FOR OUR EU DATA PROTECTION OFFICER

Our European Representative has appointed a Data Protection Officer “ DPO ”. The DPO can be contacted at the following e-mail adress: privacy@toolkit3d.com.

II. GENERAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING

1. CATEGORIES OF DATA SUBJECTS

1. as the Data Controller we collect and process data about:

1. our employees and associates (persons who provide services or performs work for Toolkit),
2. our service providers,
3. recipients of our services (persons who use our Services) ,
4. our website Users (persons who visit our website);

1. as the Data Processor we process data about:

1. data of the recipients’ end-Users,
2. data of employees and associates of the recipients’.

We receive your data:

1. directly from you if you provide it to us in connection with our Services or during your cooperation with us;
2. indirectly, through automated technologies such as cookies;
3. on behalf of our recipients of our Services, when we process the personal data of the recipients’ End Users as part of our Services.

1. TYPES OF DATA COLLECTED AND PROCESSED

The type of personal data we collect and process depends on your relationship with us and the services we provide to you.

1. OUR PURPOSES OF THE PROCESSING AND THE LEGAL BASIS FOR THE PROCESSING

We process data primarily:

1. to provide and maintain our Services;
2. to fulfill the customer or recipients contract or to carry out pre-contractual measures
3. to ensure network security, including preventing unauthorized access to electronic communications networks and preventing damage to computer systems;
4. to enable you to scan your website for trackers;
5. to ensure the highest possible quality of administration of our website and our Platform;
6. to provide customer support; to the extent necessary to provide our content and services and a functioning website;
7. to detect, prevent and correct technical problems;
8. to establish a primary channel of communication with you;
9. we also use it to compile statistics about how users use our website or our Platform.

As the Controller, we also process your personal data in order to:

1. to carry out all activities arising from the business relationship or to exercise certain rights or obligations arising from the corporate relationship, including in particular

1. ensuring the exercise of share rights,
2. enforcing obligations arising from the holding of share rights
3. maintaining the status of shareholder,
4. exercising statutory and contractual supervisory and control rights and obligations,
5. exercising statutory and contractual rights and duties of management and representation,
6. handling outgoing and incoming mail, and e-mail correspondence,
7. to assert claims amicably, in court and in enforcement proceedings;

1. execution of employment contracts, commission contracts, work contracts and other civil law contracts, in particular during:

1. recruitment,
2. keeping records,
3. social security declarations
4. updating declarations and providing information on exemptions,
5. maintaining accounts,
6. calculating of deductions,
7. calculating social security contributions,
8. archiving personnel and payroll records,
9. providing information at the request of authorized bodies, including law enforcement agencies and courts of general jurisdiction
10. issue certificates of employment and completion of training upon request,
11. settlement of public and legal claims, preparation of declarations,
12. handling outgoing and incoming mail,
13. conducting internal trainings, compiling attendance lists,
14. carry out internal analyses related to payroll accounting, reports and analyses, and data for further reports and analyses,
15. enforcing claims amicably, in court and in enforcement proceedings;

1. execution of contracts with contractors including service providers, recipients of our services, third parties, in particular during:

1. negotiating, concluding, executing or amending contracts with contractors,
2. execution of the contractual relationship,
3. processing complaints, requests and orders,
4. keeping records of cooperating entities,
5. keeping accounts,
6. provide information at the request of authorized bodies, including enforcement bodies, common courts,
7. settlement of public and legal receivables, preparation of declarations,
8. handling outgoing and incoming mail, e-mail correspondence,
9. asserting claims amicably, in court and in enforcement proceedings;

1. communications with Users;
2. marketing activities, including social media activities.

In general, we collect and process data on the basis of:

1. performing a contract or taking an action at your request prior to the conclusion of a contract, and for the purpose of pursuing claims under arising from the contract (Article 6(1)(b) and (f) GDPR);
2. answering the questions you have asked by the contact form, which is in the exercise of Toolkit’s legitimate interest (Article 6(1)(f) GDPR);
3. to comply with Toolkit's legal obligations, including tax and accounting laws  (Article 6(1)(c) GDPR);
4. direct marketing activities through the information channel of your choice, which are in the exercise of Toolkit’s legitimate interest (Article 6(1)(f) GDPR),
5.  your consent(Article 6(1)(a) GDPR) - if the processing is based on your consent, you may withdraw your consent at any time by contacting us using the contact details.
6. We use data for the purposes for which it was collected and may only further use it for legal or other legitimate purposes.

We use data for the purposes for which it has been collected and might be further used for statutory or other legitimate purposes only.

Data of which we are the Data Processor, we process on the basis of a processing entrustment agreement to the extent specified by their Controller.

1. OUR LEGITIMATE INTERESTS PURSUED

Our legitimate interests include:

1. to provide reasonable security for the services provided and the business conducted;
2. the proper performance of the contracts;
3. to provide and manage your access to and use of our services;
4. to prevent unauthorized access to the network;
5. to ensure contact with you and to process your request;
6. the exercise or defense of any claims that may arise in connection with the performance of our contracts;
7. to transfer of personal data to other groups of companies as part for internal administration,
8. to prevent fraud;
9. to report possible crimes to the appropriate authorities.

1. RECIPIENTS OF THE DATA

The recipient of your data are entities cooperating with Toolkit in the scope of provided services, in particular legal advisors, accountants, IT service providers and other persons providing organizational and technical support to the recipients of Toolkit services.

We may also release your data if necessary to comply with the law, enforce our Privacy Policy, or protect our rights, the rights of others, property, or safety or in response to governmental requests, court orders, or legal process, if necessary for legal prosecution or enforcement.

The recipient of your data may be our affiliates:

1. Awesome Industries Solutions, a limited liability company with its registered office in Kraków, Poland, al. J. Słowackiego 64, 30-004 Kraków, National Court Register no: KRS 0000854541;
2. Toolkit3D Canada LLC
3. Toolkit 3D Canada ULC
4. Toolkit 3D Studio Canada ULC

We also use the services of our suppliers to provide our services. these may include, in particular, data centers that store our website and databases, IT service providers that maintain our systems.

We may include or offer third-party products or services on our website^[b]. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked websites.

1. TRANSFER OF DATA TO COUNTRIES OUTSIDE THE EUROPEAN ECONOMIC AREA

We are a global organization with many companies around the world working together, and we may process data from around the world. Your information may be transferred to countries where the data protection laws may be different from those in your jurisdiction.

By using our services or website, or by providing us with data, you agree and consent to the processing of your personal data in the United States and other jurisdictions in which we operate . We have implemented the data protection standards applicable in the European Economic Area ("EEA") - the Privacy Shield Standards and applicable EU law, including the Standard Contractual Clauses (together the “EU Standards”).

Toolkit has developed procedures for selecting and auditing entities to which it provides data. Toolkit selects entities to which it provides data based on their expertise, credibility, and ability to implement technical and organizational measures that meet Toolkit's security and privacy requirements and the EU Standards.

1. THE PERIOD FOR WHICH THE DATA WILL BE STORED

In principle, we only retain data for as long as is necessary to fulfill the contractual or legal obligations for which we collected the data. After that, we delete the data immediately, unless we still need the data for evidence purposes for civil law claims or due to legal retention obligations until the expiry of the statutory limitation period.

Internet identifiers (all technical information, which are collected by us in log files after your visit to our Website),  are deleted as soon as they are no longer needed for the purpose for which they were collected. Typically, these Internet Identifiers are deleted or rendered unrecognizable after no more than thirty (30) days.

If you have requested a demo, product information or a quote, we reserve the right to retain the data for two years  to measure the effectiveness of our sales and marketing efforts.

You have the possibility at any time to revoke your consent to the processing of your personal data at any time.

1. WHAT ARE YOUR RIGHTS?

You have the right of access to your data and the right to request their rectification, erasure and restriction of their processing, the right to data portability and erasure, restriction of their processing, the right to data portability, the right to withdraw your consent to their processing at any time without affecting the legality of the processing carried out on the basis of the consent given before its withdrawal - applies only to such data whose processing does not result from separate regulations.

THE RIGHT OF ACCESS TO YOUR DATA

The right of access consists in the possibility of requesting information from us, among other things, whether we are processing your data, how we are processing them, the scope of the processing, the purposes for which we are processing your data, the logic applied to the processing and the form in which the processing is carried out, as well as the possibility of requesting a copy of your data.

You have the right to know what personal information we have collected about you, including

1. the categories of personal data collected;
2. the categories of sources from which the personal data is collected;
3. the business or commercial purposes for which the personal data is collected or sold;
4. the categories of third parties with whom the personal information will be shared;
5. the specific categories of personal information collected about you that are permitted by law.

THE RIGHT TO REQUEST THE RECTIFICATION, ERASURE OR RESTRICTION OF THE PROCESSING

The right to rectification of data it consists in the possibility to immediately request the rectification of inaccurate data processed by us and to request the completion of incomplete personal data, including by providing an additional explanation. You have the right to request the correction of inaccurate personal data that we maintain about you or to update the information we hold about you.

You have the right to request that we delete any of your data that we have collected, subject to certain exceptions. Once we receive your request and verify your identity, we will delete (and direct our service providers to delete) your data from our records, unless an exception applies.

The right to erasure consists in the ability to request the erasure of data when it is no longer necessary to fulfill the purpose for which it was collected, i.e. when:

1. the data subject has withdrawn his or her consent to the processing; or
2. the data subject has objected to the processing;
3. the data have not been processed in accordance with the law;
4. the data must be deleted in order to comply with a legal obligation;
5. the data were collected in connection with the provision of information society services.

The right to restrict data processing consists in the possibility of requesting the restriction of data when

1. the data subject disputes the accuracy of the personal data, for a period that allows us to verify the accuracy of the data;
2. the processing is unlawful, and the data subject objects to the erasure of the personal data and requests the restriction of its use instead;
3. we no longer need the personal data for the purposes of the processing, but it is needed by the data subject to establish, assert or defend claims; or
4. the data subject has objected to the processing, pending a determination as to whether the legitimate grounds on our part override the grounds of the data subject's objection;

You also have the right to restrict the use of sensitive personal information.

The right to data probability consists of the ability to receive in a structured, commonly used machine-readable format the data concerning you that you have provided to us. This applies to certain personal information when processed by automated means and with your consent, or based on a contract you have with us. On your request, and where technically feasible, we will transfer your personal information to another party of your choice.

RIGHT TO OBJECT to the processing of your data. The reasons for an objection should relate to your particular situation and be related to processing based on the legitimate interest condition. We will then no longer process the personal information, unless we can demonstrate compelling reasons to do otherwise. In certain circumstances, you have the unconditional right to object, for example, in the context of direct marketing activities.

RIGHT TO OPT OUT OF SALE OR SHARING OF YOUR DATA

You have the right to opt out of the sale or sharing of personal information.

We do not sell your data.

RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF YOUR RIGHTS

You have the right to be protected from discrimination for exercising your rights. We will not discriminate against you for exercising your right.

RIGHT TO   LODGE A COMPLAINT

If your country of residence is in the European Economic Area, You have the right to lodge a complaint with the President of the Office for the Protection of Personal Data if you consider that the processing of your personal data violates the provisions of the GDPR.

REQUEST TO EXERCISE YOUR RIGHT

You may submit your request by sending an e-mail toprivacy@toolkit3d.com. We will then respond to your request as required.

We will respond to your request within 30 days of receiving it. If we need more time, we will notify you in writing of the reason and the extension period. Toolkit does not charge a fee for processing or responding to a valid request unless the request is unreasonable, repetitive, or clearly unfounded.

1. THE USE OF COOKIES

The Website and Platform retains information and gain access to information already retained in user's device, using so-called 'cookies'. The User's consent or lack of consent for the use of cookies is made through the browser settings. More information about cookies can be found at …..

We do not share information collected through cookies with any third parties, except with legally authorized government agencies.

1. CHILDREN'S PRIVACY

Our Services are not directed to anyone under the age of 18 („ Children "). We do not knowingly collect information from children under the age of 18. If you are under the age of 18, please do not use our Website and do not provide us with your data.

III. GENERAL   INFORMATION ABOUT DATA SECURITY AND INTEGRITY

We take your privacy seriously. We take appropriate security measures to protect your information from loss, misuse and unauthorized access, alteration, disclosure or destruction. We have implemented the data protection standards applicable in the EEA. We have taken steps to ensure the ongoing confidentiality, integrity, availability and resilience of systems and services that process personal information and will restore availability and access to information in a timely manner in the event of a physical or technical incident.  

In accordance with the law, we take appropriate technical and organizational measures (policies and procedures, IT security and others) to ensure the confidentiality and integrity of your personal information and the way it is processed. We provide measures such as: physical access control, access control to IT resources, control of user access to data, control of data segregation, control of data transmission, control of availability, control of tasks. We have procedures to regularly review, assess and evaluate the effectiveness of technical and organizational measures to ensure secure processing. We have rules for dealing with security incidents, including the security of personal data.

IV. SOCIAL NETWORKS

In order to stay in contact with our customers, to keep them informed and to carry out pre-contractual measures with future customers and interested parties, we maintain online presences in social networks in order to communicate, among other things, with our recipients and interested parties and to provide information about our products and services, among other things. Your data will be processed and profiled by the relevant social networks for market research and advertising purposes. This is done by storing cookies and other identifiers on users' computers. Based on usage profiles, advertisements are placed within the social networks as well as on third party websites. For the legal basis of the data processing carried out by the social networks under their own responsibility, please refer to the data protection information of the respective social network.

Social networks, which we use:

1. LinkedIn (LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland).

V. UPDATES

We reserve the right to update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. Changes to this Privacy Policy are effective when they are posted on this page.