Effective date June 13, 2022
We care about your privacy.
Our “products and services” include any and all services related to Toggle3D, the web-based 3D design studio provided through our website at www.toggle3d.com, and our other related websites, services, applications, products and content, but exclude any third party software, websites, or services that may interact with our products and services. “Personal data” means information about an identifiable individual or any information that can be used, either alone or in combination with other information, to identify an individual (for example, an individual’s name, home address, telephone number and email address), but excludes any information that is exempted by applicable privacy laws. For example, in Canada, personal data does not include any business contact information that is processed solely to communicate with that person about his or her employment, business or profession.
This Policy references the general Terms and Conditions available at [Terms and Conditions] (the “Terms”) and forms an integral part of thereof. All capitalized terms used but not defined in this Policy have the meaning provided in the Terms and Conditions.
We may give you additional privacy information that is specific to a product or service in the form of supplements to this Policy and other notices you may see while using our products or services (“Supplements”). If there is a conflict between such Supplements and this Policy, the terms of the Supplements prevail to the extent necessary to resolve the conflict.
Software on your device may access your information. Our products or services may contain links to, or may be embedded within, third-party websites and services that have privacy policies of their own. When you click on one of those links you are contacting those third-party websites and services. We have no responsibility or liability for, or control over, any such third party websites or services or such third parties’ collection, use and disclosure of your personal data. We encourage you to read the privacy policies of those other websites and services to learn how they collect and use your personal data.
Where our products or services are embedded into products and services of our customers, we require our customers to provide necessary transparency to you. This might include linking to this Policy and the relevant Supplements, or providing the transparency in integrated and embedded notices which identify us as the service provider or controller.
If you do not agree with this Policy, do not access or use our products and services, or otherwise provide us with your personal data.
What information do we collect?
We may collect your personal data and other information when you make a purchase, use or register for an account for our products and services, take part in campaigns or research programs, or otherwise interact with us. We only collect personal data that is necessary for the purposes for which it is collected. The personal data we may collect includes following categories:
Product and service activations
Our products and services may require electronic activation, where your device and application type, as well as unique device, application, network and subscription identifiers are sent to Toggle3D.
Use of products and services
Our applications may contact our servers periodically, for example to check for updates or to send us information relating to service usage.
Additionally, we may invite you to join voluntary beta testing and other product and service improvement or research programs where detailed information is collected.
Information you provide us with.
When you create an account, make a purchase, request services, participate in research programs or campaigns, or otherwise interact with us, we may ask for information such as your name, email address, phone number, street address, usernames and passwords, feedback, information relating to your devices, age, gender, language, bank account number, credit card details and other such financial information.
We also maintain records of your consents, preferences and settings relating to, for example, location data, marketing and sharing of personal data.
When you use certain products and services, you necessarily provide us with images and videos. You therefore provide us with any personal data that may be contained within the images and videos you provide to us.
Positioning and Location data.
Location-based services establish location through the use of satellite, mobile, Wi-Fi, Bluetooth Low Energy (“BLE”) or other network based positioning methods. These technologies may involve exchanging your location data and unique device and mobile, Wi-Fi, Bluetooth, or other network related identifiers with Toggle3D. Our products and services may operate on multiple device platforms, applications and services which may also collect your location data. We do not use this information to identify you personally without your consent.
When you use our location-based services and features, for example location-based search, navigation and routing, or request for map data, your location data is sent to Toggle3D to serve you with the right content, which may also include location-based advertising.
Information provided by partners.
We do no knowingly collect your personal data from third parties unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so. For example, we may obtain information from organizations that you previously provided consent to in respect of their collection of your personal data and publicly available sources. We require these sources to comply with applicable laws with regard to collecting and transferring your personal data to us, including ensuring that there is a legal basis for the transfer or anonymizing the data in accordance with applicable laws prior to disclosure of the data to us.
If we collect your personal data from a third party, we will only process that data for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which it was collected.
Why do we process Personal Data?
Toggle3D may process your personal data for the following purposes. One or more purposes may apply simultaneously.
Providing products and services
We may use your personal data to provide you with our products and services; to process your requests; to perform a contract between you and Toggle3D; to ensure the functionality and security of our products and services; to verify and authenticate your identity; and to prevent and investigate fraud and other illegal activity.
Some products and services may require you to create an account to help you manage your content and preferences. Account creation requires you to provide us with basic contact details about yourself, such as name, email address, country of residence and date of birth. You may also be able to voluntarily provide more information about yourself while creating an account, such as a photo or avatar of your choice.
Developing and managing products and services
We may use your personal data to operate, develop and manage our products and services; to analyze user experience and improve our products and services; to ensure our products and services our optimized for your use and benefit; and to provide customer care, sales and marketing. We may combine personal data collected in connection with your use of a particular Toggle3D product and/or service with other personal data we may have about you, unless such personal data was collected for a purpose, where the original purpose is incompatible with this purpose.
Communicating with you
We may use your personal data to communicate with you, for example, to inform you that our products and services have changed, to send you critical alerts and other such notices relating to our products and services, and to contact you for customer care related purposes.
Marketing, advertising and making recommendations
We may use your personal data to contact you to inform you of new products, services, or promotions we may offer and to conduct market research when we have your consent or it is otherwise allowed. We may use your personal data to personalize our offering and to provide you with more relevant services, for example, to make recommendations and to display customized content and advertising in our product and services. This may include displaying Toggle3D and third-party content.
What is our legal basis for processing your Personal Data?
Our legal basis for processing your personal data is dependent on the purpose of processing and may vary as described in the Supplement applicable to the product or service you are using. In general, we process your personal data under the following legal bases:
We will process your personal data only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of data being requested. Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your personal data, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal data being processed. By using our products and services, or otherwise by choosing to provide us with your personal data, you acknowledge and consent to the processing of your personal data in accordance with this Policy and as may be further identified when the personal data is collected or through applicable Supplements. When we process your personal data for a new purpose, we will document that new purpose and ask for your consent again.
If you do not consent to the processing of your personal data in accordance with this Policy, please do not access or continue to use any of our products or services, or otherwise provide any personal data to us.
You may refuse to provide consent or notify us at any time that you wish to withdraw or change your consent to the processing of your personal data without penalty, subject to legal or contractual restrictions and reasonable notice by (i) changing your privacy preferences through the product or service, as applicable, (ii) deleting your account with us and stopping use of our products and services, or (iii) opting out of the use of your personal data by contacting our Privacy Officer (see below). However, if you withdraw or change your consent, we may not be able to provide you our products and services.
Other Legal Bases
Aside from consent, we may also process your personal data under other legal bases, as permitted by applicable laws.
Residents of the European Economic Area (EEA)
If you are resident in the European Economic Area (EEA) the following legal bases apply to our processing of your personal data by us.
Performance of a contract with you
We process your personal data to perform our obligations under the terms and conditions applicable to the product or service you are using, provided by us or our customers, including without limitation our Terms and Conditions.
We process your personal data if you have consented to the processing activity. You may revoke your consent at any time. Doing so will bar us from further processing of your personal data based on your consent but will not impact the lawfulness of processing based on your consent before it was withdrawn. Some of the features of our products and services might only be available based on consent.
We process your personal data as needed to comply with laws and regulations.
We process your personal data to further our legitimate interests, such as in connection with managing, developing, testing, securing, and in limited circumstances marketing, advertising, and making recommendations regarding our products and services. Any such processing is conducted subject to appropriate measures to protect your fundamental rights and freedoms related to your personal data, and in any event, will be subject to the restrictions provided in this Policy. Further information or specification of our legitimate interests may be provided in relevant Supplements applicable to the product or service.
How long do we retain Personal Data?
We endeavor only to retain personal data as long as is necessary for the fulfillment of the purposes for which it was collected or as otherwise necessary to comply with applicable laws or protect our interests. The length of time personal data is retained, and criteria for determining that time, are dependent on the nature of the personal data and the purpose for which it was provided. For example, your personal data related to managing your account (such as name, email address, and account content and preferences) are maintained for as long as they are retained by you within your account. Other data, such as records of your activity within the application, are typically maintained only for a short period before being anonymized or pseudonymized. Additional information regarding the retention of personal data may be provided in the Supplement applicable to the product or service you are using. You may contact us at email@example.com to obtain additional information about the retention of your personal data.
When personal data is no longer necessary or relevant for the identified purposes, or required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls schedules and practices for information and records retention and destruction which apply to personal data.
Do we share Personal Data?
We do not sell, lease, rent, or otherwise disclose your personal data to third parties except as stated below.
Your consent and social sharing services
We may share your personal data if we have your consent to do so. Some products and services may allow you to share your personal data with other users of the product or service or with other services and their users. Please consider carefully before disclosing any personal data or other information that might be accessible to other users.
Toggle3D companies and authorized third parties
We may share your personal data with our affiliates or authorized third parties who process personal data for Toggle3D for the purposes described in this Policy, such as internet hosting providers, payment processors, advertising agencies or customer service agencies.
We may conduct joint marketing and other communications with our partners, for example, your mobile operator. To avoid duplicate or unnecessary communications and to tailor the message to you we may need to match information that Toggle3D has collected with information that the partner has collected where this is permitted by law.
These authorized third parties are not permitted to use your personal data for any other purposes. We bind them contractually, require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.
International transfers of personal data
Our products and services may be provided using resources and servers located in various countries around the world. Therefore, your personal data may be transferred across international borders outside the country where you use our services, including to countries outside of Canada or the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, certain jurisdictions within the United States of America. In such cases we ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard contractual clauses approved by the European Commission or relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures. You may contact us at firstname.lastname@example.org to obtain additional information about the safeguards we take in connection with these transfers. A copy of the unchangeable Standard Contractual Clauses can be accessed here.
We may be obligated by applicable law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend Toggle3D’s legitimate interests, for example, in legal proceedings or in connection with governmental requests and filings.
Mergers and Acquisitions
If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.
How do we address the privacy of children?
Toggle3D does not knowingly collect personal data from anyone under the age of 14 and no child under the age of 14 should submit any personal data to us through our products and services or otherwise. We may, however, collect personal data about children under the age of 14 from their parent or legal guardian. By providing such information, you confirm that you are the parent or legal guardian of any such child.
If we discover that a child under 14 has provided us with personal data in violation of applicable law, we will delete such information from our systems. If you are a parent or legal guardian of a child under 14 and you believe we have collected your child’s information in violation of applicable, please contact us using the contact information provided below.
How do we address Data Quality?
We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data.
We encourage you to access and update your personal data through your account from time to time to ensure that it is up to date.
What steps are taken to safeguard Personal Data?
Privacy and security are key considerations in the creation and delivery of our products and services. We protect personal data using physical, technological and organizations safeguards. We have assigned specific responsibilities to address privacy and security related matters. We enforce our internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security and privacy engineering, training and assessments. We take appropriate steps to address online security, physical security, risk of data loss, and other such risks taking into consideration the risk represented by the processing and the nature of the data being processed. Also, we limit access to our databases containing personal data to authorized persons having a justified need to access such information. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity of the information.
However, no method of transmission over the internet, or method of electronic storage, is completely secure; as such, despite our safeguards and practices, we cannot fully guarantee the security of your personal data and you should always exercise caution when disclosing personal data over the internet.
What are your rights?
You have a right to know what personal data we hold about you, and to access it. You have a right to have incomplete, incorrect, unnecessary, or outdated personal data updated or corrected. You have the right to request that your personal data be erased, and to obtain a copy of your data in a machine-readable format. You have the right to object to or restrict processing in certain circumstances, such as where you believe the data is inaccurate or the processing activity is unlawful. You have a right to unsubscribe from direct marketing messages and to request that we stop processing your personal data for direct marketing purposes or on other compelling legal grounds. However, if you opt-out from marketing and other communications from Toggle3D, critical alerts may still be sent to you. If you are located in Canada, a European Union member state or within the European Economic Area, you have the right to lodge a complaint about our data collection and processing activities with the supervisory authority concerned.
You may exercise your rights by contacting us or by managing your account and choices through available profile management tools on your device and our services. In some cases, especially if you wish us to delete or stop processing your personal data, this may also mean that we may not be able to continue to provide the services to you. Applicable data protection law may provide certain restrictions on the extent to which these rights may be exercised. If a restriction applies, we will respond to your request with an explanation of what action will be taken, to the extent required under applicable data protection law.
Who is the controller of your Personal Data?
Toggle3D.ai Inc, PO Box 64039, RPO Royal Bank Plaza, Toronto, ON M5J 2T6, Canada is the controller of your personal data.
In matters pertaining to Toggle3D’s privacy practices or to exercise your rights under your local data protection laws you may contact our legal team, at:
PO Box 64039,
RPO Royal Bank Plaza, Toronto
Ontario, Canada M5J 2T6
Toggle3D may from time to time change this Policy or change, modify or withdraw access to this site at any time with or without notice. However, if this Policy is changed in a material, adverse way, Toggle3D will post a notice advising of such change at the beginning of this Policy and on this site’s home page for 30 days. We recommend that you re-visit this Policy from time to time to learn of any such changes to this Policy.
Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notice. Your continued use of our products and services signifies your acceptance of any changes to this Policy.