Dassault Systèmes BIOVIA®:
Privacy Policy

BIOVIA Corporation, a Dassault Systèmes company headquartered at 5005 Wateridge Vista Drive, San Diego, CA 92121 USA, (hereinafter "BIOVIA") processes Personal Data (as defined below) in the course of its business, including the Personal Data of people browsing the websites of BIOVIA (the "Sites").

The purpose of this "Privacy Policy" is to inform all individuals from whom Personal Data is collected by BIOVIA ("You" or "Your") how BIOVIA collects and uses such Personal Data and how You can control its use.

 

1. Scope of this Privacy Policy

This Privacy Policy sets forth the principles and guidelines governing the protection of Your Personal Data including the Personal Data collected on or through the Sites.

BIOVIA collects Personal Data either online (including by email) or offline and this Privacy Policy is applicable regardless of the means of collection or processing.

Personal data ("Personal Data") means any information relating to an identified or identifiable person. An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the person.

Non-Personal Data means any information that does not result in the identification of a person.

For visitors and users of the Sites: each Site is subject to Terms of Use that can be found on each Site and are incorporated into this Privacy Policy. Your use of the Sites and any Personal Data You provide on the Sites are subject to the terms of this Privacy Policy and the applicable Terms of Use.

 

2. Data Collected

  1. Visitors:

    Visitors are individuals who visit the Sites without registering themselves. Their Personal Data likely includes:

  2. Users:

    Personal Data collected (including from those who visit Sites and enter information) for the purposes listed below likely includes:

In all cases, however, the Personal Data gathered is limited to data necessary for the purposes described in Article 4 below.

For visitors and users of the Sites: in order to use certain functions and features of the Site, BIOVIA requires that You provide certain Personal Data when visiting or using the Site. You are free to decide whether or not to provide all or part of Your Personal Data. However, if You choose not to provide all or part of this Personal Data, the purposes as described in Article 4 hereafter might not be achieved or not properly achieved, some areas and functions of the Sites may not function properly and/or You may be refused access to certain pages on the Site. In particular, You will not be authorized to purchase software licenses or other products or services through the Site.

 

3. Protection of Personal Data Concerning Children

BIOVIA products and services are not designed to be marketed to children who are considered as minor under the applicable data protection law and BIOVIA does not knowingly collect or store Personal Data from children under such age. For children whose usual place of residence is in the European Union, Lichtenstein, Norway or Iceland, the default age at which a person is no longer considered a child is 16 subject to local law to adjust that limit between 13 and 16.

Certain BIOVIA products and services may be appropriate for use by children, however, in which case children below the age of consent under local data protection laws must seek consent from their parents or guardians prior to creating a BIOVIA account or registering a product. Teachers and school administrators may act in the place of parents and guardians and provide consent for the collection of Personal Data from children (schools should always ensure that they have received permission from parents or guardians to do so).

If parents or guardians become aware that their child has provided BIOVIA with Personal Data without their consent or without a teacher's or school administrator's consent, they can ask BIOVIA to remove such Personal Data and terminate the child's account by sending an email to biovia.support@3ds.com.

If BIOVIA becomes aware that it has collected Personal Data from a child below the age of consent under local data protection laws without consent from a parent or guardian, BIOVIA will take steps to seek the parent's or guardian's consent for that processing or to remove such Personal Data and terminate the child's account.

 

4. Purposes and Legal Grounds for Processing Personal Data

Whether You are a visitor or a user, BIOVIA collects Your Personal Data for the following legal grounds and for the following purposes:

In addition, when You are a user, BIOVIA collects Your Personal Data on the following legal grounds and for the following purposes:

BIOVIA may provide a hashed user ID to third party operated social networks or other web offerings (such as Twitter, LinkedIn, Facebook, Instagram, or Google) where this information is matched against the social networks' own data bases in order to display to You more relevant information.

Generally, when consent is not required, You cannot opt out of non-marketing related communications that are required for the relevant business relationship. With regard to marketing-related communications (for example, emails and phone calls), BIOVIA will (i) where legally required, only send You such communications after you have opted in, and (ii) provide You the opportunity to opt out of receiving further marketing-related communications from BIOVIA.

When You register for an event organized by BIOVIA, BIOVIA may share Your name, company, and email address with other participants and sponsors of the same event for the purpose of communication and the exchange of ideas. In addition, BIOVIA may ask You for information about Your health for the sole purpose of identifying and being considerate of individuals who have disabilities or special dietary requirements throughout the event.

Subject to applicable local law, by providing Personal Data such as but not limited to e-mail address, You hereby expressly authorize BIOVIA and Dassault Systèmes affiliates and subsidiaries ("3DS Group Companies") to use it together with other relevant Personal Data to send You commercial or marketing communications. BIOVIA might also use Your email address for administrative or other non-marketing purposes (for example, to notify You of significant changes to the Sites).

 

5. Personal Data Retention Period

BIOVIA does not store Your Personal Data for more time than necessary. Retention periods may vary depending on the data categories and the processing activities.

Where BIOVIA is processing and using Your Personal Data as permitted by law or under your consent, BIOVIA will store Your Personal Data (i) only as long as required to fulfill the purposes set out above, (ii) until You object to BIOVIA's use of your Personal Data (where BIOVIA has a legitimate interest in using Your Personal Data), or (iii) where you gave Your consent, until you withdraw it. However, where BIOVIA is required by applicable law to retain your Personal Data longer or where Your Personal Data is required to assert or defend against legal claims, BIOVIA will retain Your Personal Data until the end of the relevant retention period or until the claims in question have been settled.

 

6. Transfer of Personal Data

If You are accessing the Site from a location outside of the United States, please note that through Your continued use of the Site, which is governed by Massachusetts law, the corresponding Terms of Use and this Privacy Policy, You may be transferring Your Personal Data to the United States and You consent to that transfer.

As a member of a global group, BIOVIA is able to use available technology to efficiently manage Personal Data and obtain such Personal Data online or otherwise throughout its affiliates' international operations. Personal Data may be collected through the Site and subsequently disclosed to and used by a 3DS Group Company as 3DS Group Companies offer an adequate level of protection in accordance with European legislation. 3DS Group Companies' location is available at https://www.3ds.com/about-3ds.

Where BIOVIA has knowledge that a third party to which BIOVIA has provided Personal Data for the purposes listed in section 4 above is using or disclosing Personal Data contrary to this Privacy Policy or to applicable laws BIOVIA will take reasonable steps to prevent or stop such use or disclosure.

BIOVIA will also disclose Personal Data to third parties if BIOVIA determines that such disclosure is necessary for technical reasons (such as hosting services by a third party) or to protect BIOVIA's legal interests (such as in the event of acquisition or merger by a third company or total or partial liquidation of BIOVIA).

Additionally, BIOVIA may share Your Personal Data with the reseller assigned to You or in the territory where You are located. BIOVIA may also share Your personal data with business partners when BIOVIA and the business partner sponsor organize an event together or participate in a marketing promotion together and in which You engage.

BIOVIA may also disclose such personal information if required by law or if BIOVIA believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of BIOVIA, our customers, or the public.

If allowed by applicable law, 3DS may also share Your Personal Data with third parties in order to offer You targeted marketing or advertising.

 

7. Right of Access to and Rectification of the Data

BIOVIA will take reasonable steps to ensure that the Personal Data collected is used for the purposes stated in this Privacy Policy and that such Personal Data is correct and up to date.

You have a right to access Your Personal Data. In addition, You have a right to request the rectification, completion, update or erasure of Your Personal Data. You have a right to restrict processing. You also have a right to obtain a copy of Your Personal Data stored by BIOVIA. You have a right to object, in relation to specific processing of Your Personal Data. Additionally, You may have a right to data portability.

If You have an account, You can exercise Your rights by logging on to Your account. Otherwise, You may exercise Your rights by sending an email to biovia.support@3ds.com.

Depending on the scope of the request, BIOVIA reserves the right to charge a reasonable fee to cover any out-of-pocket costs incurred in connection with such access, modification and deletion of Personal Data. BIOVIA may deny access to Personal Data in limited circumstances, defined by applicable laws and regulations.

 

8. Data Recipients

Your Personal Data may be disclosed to and used by a 3DS Group Company for the purposes stated in Article 4 of this Privacy Policy.

Where BIOVIA has knowledge that a third party to which BIOVIA has provided Personal Data for the purposes listed in Article 4 above, is using or disclosing Personal Data contrary to this Privacy Policy or to applicable laws, BIOVIA will take reasonable steps to prevent or stop such use or disclosure. BIOVIA will also disclose Your Personal Data to third parties if BIOVIA determines that such disclosure is necessary for technical reasons (such as hosting services by a third party) or to protect BIOVIA's legal interests (such as in the event of a sale of assets to a third company, or a change of control or a total or partial liquidation of BIOVIA).

Additionally, BIOVIA may share Your personal Data with the reseller assigned to You or in the territory where You are located for the purpose of Dassault Systèmes business. BIOVIA may also share Your Personal Data with business partners when BIOVIA and the business partner sponsor an event together or participate in a marketing promotion together and in which You engage.

BIOVIA may also disclose Your Personal Data if required by law or if BIOVIA believes in good faith that such disclosure is reasonably necessary to comply with legal process (for example, a warrant, a subpoena, or other court order) or protect the rights, property, or personal safety of BIOVIA, BIOVIA's customers, or the public.

If allowed by applicable law, BIOVIA may also share Your Personal Data with third parties in order to offer You targeted marketing or advertising.

 

9. Data Security

BIOVIA undertakes to ensure the protection and security of Personal Data that You choose to communicate, in order to ensure the confidentiality of Your Personal Data and prevent Your Personal Data from being distorted, damaged, destroyed or disclosed to unauthorized parties.

BIOVIA maintains reasonable physical, electronic, and procedural safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, alternation and destruction. As part of those safeguards, BIOVIA employs sophisticated technology designed to protect Personal Data during its transmission and prevent transmission errors or unauthorized acts of third parties. However, while BIOVIA strives to protect Your Personal Data, in light of the inevitable risks of data transmission over the internet, BIOVIA cannot guarantee full protection against any error occurring during the course of Personal Data transmission which is beyond BIOVIA's reasonable control.

Since all Personal Data is confidential, access is limited to employees, contractors and agents of BIOVIA or 3DS Group Companies who have a need to know such data in carrying out their tasks. All the people who have access to Your Personal Data are bound by a duty of confidentiality and subject to disciplinary actions and/or other sanctions if they fail to meet these obligations.

However, it is important for You to exercise caution to prevent unauthorized access to Your Personal Data. You are responsible for the confidentiality of Your password and information appearing on Your account. Consequently, You must ensure that You log out of Your session in the event of shared use of a computer.

 

10. Cookies

The Sites may use cookies or other technologies serving the same or similar purpose (together referred to as "cookies"), that may collect or store Personal Data. Cookies are text files stored and used to record Non-Personal and Personal Data concerning Your browsing and use of the Sites. Cookies can be either persistent (that is, remain after You logoff from the Sites in order to be used on Your subsequent visits to the Sites) or transient (that is, removed when You close the web browser).

The table available here provides You with the list of cookies BIOVIA uses, their retention period and their purpose.

BIOVIA uses cookies in order to:

BIOVIA may also use third party services (such as Adobe Analytics, Google Analytics, Piwik, DART, LinkedIn) to perform services on its behalf, in particular to:

In such a case, cookies provided by such third party vendors may be used and stored. By transmitting the information generated by these cookies, the cookies' settings ensure that an IP address is anonymized before geo-localization and before storage. Our providers will use this information for the evaluation of Your use of the Sites, compiling reports on the Sites activity for BIOVIA, to propose better services to You that are suited to Your needs, and display advertisements to You that are suited to Your needs. Cookies will not associate Your IP address with any other data they hold.

When you browse the Sites, cookies are enabled by default and data may be read from or stored locally on your device if your browser settings allow. You will be notified of the use of cookies the first time You access the Sites with a different device; BIOVIA will not install any cookies before obtaining your explicit consent. You may decide to accept or refuse some or all cookies. You can configure Your browser software to refuse all cookies (including cookies used for web analytics services); if You do so, however, some areas and features of the Sites may not function properly and/or You may not be able to access some parts or services of the Sites.

 

11. Links to Websites not Controlled by BIOVIA or its Subsidiaries

The Sites might offer links to third party websites that may be of interest to You.

BIOVIA does not exercise any control over the content of third party websites or the practices of these third parties in connection with the protection of Personal Data that they might collect and are thus not in the control of BIOVIA. Consequently, BIOVIA shall have no liability for the content of third party websites or the practices of these third parties concerning the protection of Personal Data.

It is therefore Your responsibility to inform yourself of the privacy policies of these third party websites.

 

12. Dispute Resolution

Although BIOVIA has put in place reasonable safeguards to protect Personal Data, BIOVIA recognizes that there is no method of transmitting or storing Personal Data that is completely secure.

However, BIOVIA is committed to ensure the privacy of Personal Data: if You have a reason to believe that the security of Your Personal Data has been compromised or misused, You should contact BIOVIA by sending an email to: biovia.support@3ds.com.

BIOVIA will investigate and attempt to resolve complaints regarding use and disclosure of Personal Data in accordance with the principles contained in this Privacy Policy.

Unauthorized access to Personal Data or the improper use of Personal Data may constitute offenses under local law.

If Your usual place of residence is in European Union, Lichtenstein, Norway or Iceland, You have a right to file a complaint with Your competent data protection authority.

 

13. Contact

For any additional question concerning this Privacy Policy, to opt out of receiving information from BIOVIA or any request regarding Your rights in Your Personal Data, You may send an email to the BIOVIA Data Protection Officer at the following email address: biovia.support@3ds.com.

Please note that you may also contact 3DS Data Protection Officer at the following address: 3DS.Compliance-Privacy@3ds.com.

 

14. Date of Entry into Force of the Privacy Policy and Changes to it

This Privacy Policy may be updated according to BIOVIA's requirements and circumstances, or where required by applicable laws and regulations so please check back periodically for updates.

If major changes occur to this Privacy Policy, BIOVIA may inform you by email or by posting a notice on the Site.

Last modification: This Privacy Policy was modified on 25 May 2018.

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