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Last updated September 19th 2018

Our Privacy Policy

ESSS takes protection of your Personal Data seriously. We respect the privacy of every individual who visits our websites. This Privacy Policy sets out the data processing practices carried out through the use of the Internet and any other electronic communications networks by us. If you have any requests concerning your personal information or any queries with regard to these practices please contact privacy@esss.co.

Please read through this Privacy Policy before submitting any of your personal information to us. You do not need to submit any of your personal information when browsing our websites.

Our Privacy Policy is applied to Engineering Simulation and Scientific Software Ltda. (“ESSS”) and, unless expressed otherwise, to all its subsidiaries.

Index
1. Types of Data Collected
1.1 Personal Data
1.1.1 Personal data of employees and former employees
1.1.2 Personal data of suppliers – legal/natural persons
1.1.3 Personal data of clients – legal/natural person
1.1.4 Data of professionals in the Information Technology fields
1.1.5 Website users
1.2 Usage Data
1.3 Tracking & Cookies Data
1.3.1 Category: Necessary
1.3.2 Category: Preferences
1.3.3 Category: Statistics
1.3.4 Category: Marketing
2. Use of Personal Information
3. Disclosures
4. Access Rights
5. Access Rights Request Procedure
6. Storage of Personal Data
7. Security Of Data
8. Transfer of Data
8.1 European Economic Area (“EEA”) Jurisdiction
8.2 California (USA) Jurisdiction – Your California Privacy Rights
8.3 Russian Federation Jurisdiction
8.4 Colombia Jurisdiction
9. Marketing Communications
10. Children’s Privacy
11. Other Websites
12. Changes to this Privacy Policy
13. Questions

1.Types of Data Collected
With the purpose of complying with its statutory provisions, ESSS performs the processing of personal data of its employees, employees of its contractors, suppliers, customers and visitors of its website. The processing of the aforementioned information can be executed directly by ESSS (“Data Controller”) or by contractors and / or agents in charge of it (“Data Processor”).

The personal data collected by ESSS will only correspond to those that are relevant and adequate for the purpose for which they were obtained in compliance with the principles of freedom and purpose. ESSS will not be able to collect personal data without the consent of its owner (“Data Subject”), unless the aforementioned act is allowed by law.

For a better understanding, it is defined by data processing, collection, storage, administration,transfer, use, transmission and / or destruction, as allowed by current regulations and accordingto the specific case, as follows.

1.1 Personal Data

1.1.1 Personal data of employees and former employees
This processing is carried out with the sole purpose of achieving the correct and prompt compliance with labor obligations at ESSS, such as payroll payments, affiliations and reports to the social security system, attention to queries, requests and / or claims, which may be made by the owner of the information or who has its legitimate right such as state and / or private entities that may require this kind of information according to their functions: control, financing and others granted by the regulations in force.

1.1.2 Personal data of suppliers – legal/natural person
The processing of this information is done to allow full compliance by ESSS with the obligations derived from the respective contract: payment of fees, reports of payments, reports or interactions by law or internal policies, attention to queries, requests, actions and claims, made by the Data Subject or by their legal representatives.

1.1.3 Personal data of clients – legal/natural person
The processing of this information is done to comply with legal and contractual obligations: billing, payment reports, attention to queries, requests, actions and claims, made by the Data Subject or by their legal representatives. The treatment of these data also allows ESSS to comply with its obligations in terms of product quality, and the effective attention of consumer inquiries and complaints and as statistical information.

1.1.4 Personal data of professionals in the Information Technology fields
The processing of personal data of T.I. professionals has the purpose of contacting them in order to provide technical information regarding engineering problems such as equipment geometries, operation, materials and any other condition and / or information regarding the matter, also occasionally information about structural damage and maintenance policies. The data processing may involve the transfer to third parties who ESSS has agreements to carry out and / or inform the activities described above.

1.1.5 Personal data of website users
The processing of this data will be used for profiling and marketing purposes. ESSS collect personal information (which means data from which you can be identified, including your name, email address and postal address) from visitors to its website through the use of on-line forms (for example when you register or purchase products) and from any email that you send to any employee of the company. This may include your name, title, order details and details of your address(es) and other personal details. The user may at times be asked for other details (e.g. Industry sector). On occasion the user may be asked for feedback about the usage or services that the website provides to help ESSS develop and improve it further.

For quality control and training purposes, ESSS may also monitor or record your communications with its representatives.

1.2 Usage Data
ESSS may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of ESSS’s Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

1.3 Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service. In our website, we may use the following cooking tracking technology.

1.3.1 Category: Necessary
Necessary cookies help make our website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

1.3.2 Category: Preferences
Preference cookies enable our website to remember information that changes the way the website behaves and looks, like your preferred language or the region that you are in.

1.3.3 Category: Statistics
Statistic cookies help us to understand how visitors interact with our website by collecting and reporting information anonymously.

1.3.4 Category: Marketing
Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual.

2. Use of Personal Information
We process personal information collected via this website and other digital communications for the purposes of:
1- providing and personalizing our services, including technical or service support;
2- dealing with your inquiries and requests;
3- maintaining information as a reference tool or general resource so that we may improve our products and services for you; and
4- providing you with information about our company, new products and services and/or product upgrades.

3. Disclosures
The personal data obtained by ESSS will be confidential and will be disclosed if some kind of express request is presented by law enforcement agencies, according to each country regulation. If such is the case ESSS will lend all its collaboration so that the personal information of the Data Subject is known, updated and / or corrected free of charge.

ESSS may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of ESSS
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

4. Access Rights
a) You have the right to access, update and rectify your personal data in possession of Data Controller and Data Processor. This right may be exercised, among others, against partial, inaccurate, incomplete, fractioned, misleading data, or those whose processing is expressly prohibited or has not been authorized.

b) Request proof of the authorization granted to the Data Controller, except when expressly excepted as a requirement for the processing.

c) To be informed by the Data Controller or the Data Processor, upon request, regarding the use that has been given to their personal data.

d) Submit to Regulatory Agencies complaints for infractions and other regulations that modify, add or supplement the current laws.

e) Revoke the authorization and / or request the deletion of the data when the processing does not respect the principles, rights and constitutional and legal guarantees. The revocation and / or suppression will proceed when the Regulatory Agency has determined that in the data processing the Data Controller or Data Processor has incurred in conducts contrary to the Constitution and the law of the country they reside in.

f) Request portability of your Personal data, i.e. that the personal data you have provided to us be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format, subject to your confidentiality obligations.

5. Access Rights Request Procedure
You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please contact privacy@esss.co.

Queries: ESSS will attend the inquiries within ten (10) business days from the date it was received. When it is not possible to comply with this time, the interested party must be informed, stating the reasons for the delay and the date on which the consultation will be attended within five (5) days.

Claims: The Data Subject or legal representative who considers that the information contained in a database must be subject to correction, updating or deletion, or when it notices the alleged breach of any of the duties contained in the law or in this Policy, may submit a claim to ESSS which will be processed under the following rules:

– The claim will be formulated by means of a request addressed to the Data Controller or to the Data Processor, to the email: privacy@esss.co with the identification of the Data Subject, the description of the facts that give rise to the claim, the address, and accompanying the documents you want to assert. If the claim is incomplete, ESSS will require corrected information of the interested party within five (5) days after receiving it. After two (2) months from the date of the request, without the applicant submitting the required information, it shall be understood that the claim has been abandoned.

– Once the complete claim has been received, a tag that says “claim in process” and the reason for it will be included in the database, not exceeding two (2) business days. This tag must be maintained until the claim is evaluated.

– The maximum term to respond to the claim will be fifteen (15) business days counted from the day following the date of receipt. When it is not possible to attend the claim within said term, the interested party will be informed of the reasons for the delay and the date on which his claim will be handled, which in no case may exceed eight (8) business days following the expiration of the first deadline.

– The Data Subject or legal representative may file a complaint against the Data Controller or Data Processor with the regulatory agencies, once the process of consultation or claim deadline has been reached.

Revoking authorization and / or requesting deletion of the data: The Data Subject may at any time request the Data Controller the suppression of their personal data and / or revoke the authorization granted for the processing of same, by submitting a claim, in accordance to the Procedure indicated in this Policy. If the respective legal term has expired, ESSS has not eliminated personal data, the data subject shall have the right to request the regulatory agencies to order the revocation of the authorization and / or the deletion of personal data.

Notwithstanding the foregoing, personal data must be retained when required for the fulfillment of a legal or contractual obligation.

6. Storage of Personal Data
The processing of personal data will be carried out for as long as it is reasonable and necessary, in accordance with the purposes justified, and in accordance with the provisions applicable to the subject matter and the administrative, accounting, tax, legal and historical aspects of information.

When the purpose for which the information was processed is fulfilled or when the maximum legal term in which ESSS has the obligation to keep personal data expires, ESSS or the Data Processor will proceed to the suppression of the personal data in its power.

ESSS and its employees shall document the procedures for the processing, conservation and suppression of personal data in accordance with the provisions applicable to the subject matter, as well as instructions issued by regulatory agencies.

7. Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security. ESSS agrees to notify all Data Subjects of any breach of its security system within 72 hours after the discovery of said act.

8. Transfer of Data
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing this website and communicating electronically with us, you acknowledge our processing of personal data in this way.

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Brazil and choose to provide information to us, please note that we transfer the data, including Personal Data, to Brazil and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ESSS will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Request portability of your Personal data: ESSS will attend the request within twenty (20) business days from the date it was received. When it is not possible to comply with this time, the interested party must be informed, stating the reasons for the delay and the date on which the consultation will be attended within five (5) days.

8.1 European Economic Area (“EEA”) Jurisdiction
Our Privacy Policy is in full accord to the rules defined by the General Data Protection Regulation (“GDPR”) of the European Union (“EU”), starting from May 25th, 2018.

In parallel, when transferring personal data outside the EEA, we ensure at all times: to put into practice adequate and relevant guarantees, such as standardized contracts that have the approval of the European Commission, which legally oblige the receiving party to comply a high degree of protection; to ensure that your data is safe and secure at all times; and to guarantee the protection of their rights.

Among the situations in which we transfer personal data outside the EEA, include the provision and provision of our products and services, the processing of transactions and their payment data, the provision of support services and marketing purposes.

8.2 California (USA) Jurisdiction – Your California Privacy Rights
Under the Civil Code of California, section 1798.83, California residents may request certain information regarding the types of information shared by ESSS with third parties for their direct marketing purposes, and the identities of those third parties. If you are a California resident, you may make such request by sending an email to privacy@esss.co with “California Privacy Information Request” on the subject line and in the body of your message or write us at:

ESSS North America
810 Hwy 6 S, Suite 208
Houston, Texas – 77079

You will receive the answer within a minimum period of 30 days.

8.3 Russian Federation Jurisdiction
We collect and process personal data of Data Subjects residents in the territory of the Russian Federation in strict compliance with the applicable legislation of that country.

We collect and process personal data (including the sharing of these with third parties) only after receiving the consent of the respective individuals, unless otherwise provided by the legislation of the Russian Federation. You will be asked to give your consent by checking the corresponding box or by selecting the “I accept” button or by a similar mechanism, before accessing the site or sending or sharing the personal information we request. We collect and use personal data only within the framework of the purposes indicated in the consent to the processing of personal data.

We can process personal data of Russian citizens using databases located outside the Russian Federation without prejudice to the observance of Russian legislation on Russian data protection. We undertake to take all necessary measures to guarantee the security of your personal data.

By law you have the right to receive information concerning the processing of your personal data. To exercise this right, you must send a request by email to the address privacy@esss.co indicating on the subject line the words “PRIVACY REQUEST RUSSIA”.

You have the right to revoke your consent at any time by sending an email to the address privacy@esss.co with the words “PRIVACY REQUEST RUSSIA” on the message line. After receiving your notification revoking the consent, we will cease processing and destroy your personal data, except to the extent that these are necessary for the fulfillment of the contract with you or the provision of the service for your benefit. However, we remind you that, once you have revoked your consent, we can not provide the products or provide the services you request, nor can we guarantee the proper functioning of our products.

We do not transfer your personal data to those countries that, according to the provisions of Russian legislation, are considered to provide insufficient protection to the rights of natural persons in the field of data privacy.

In case any of the provisions of this Policy contradict the provisions of this section, the latter shall prevail.

8.4 Colombia Jurisdiction
In compliance with the Law 1581 of 2012, and its regulatory decree nº 1377 of 2013 and other provisions on the matter, ESSS is in strict compliance with the applicable legislation of that country through the means of this Privacy Policy.

The responsible for the subjects regarding this matter is our subsidiary in the country, according to the following information.

By law you have the right to receive information concerning the processing of your personal data. To exercise this right, you must send a request by email to the address privacy@esss.co indicating on the subject line the words “PRIVACY REQUEST COLOMBIA”.

9. Marketing Communications
You can choose to sign up for our newsletter and to receive other marketing communications from us. By asking to receive this information you consent to receive marketing communications from us using any contact method which you have provided us with, including by post and e-mail.

You may opt out of receiving information about our products and services by selecting the unsubscribe link located at the footer of our e-mail communications or by sending us an email at privacy@esss.co.

We may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes.

10. Children’s Privacy
ESSS does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

11. Other Websites
Our website may contain links to other websites which are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.

12. Changes to this Privacy Policy
From time to time we may update this Privacy Policy. When we do we will publish the changes on this website. If you do not agree to these changes, please do not continue to use the website. If changes are made to this Privacy Policy, we will notify you by e-mail or by placing a prominent notice on the website.

13. Questions
For any questions or comments regarding your privacy rights please contact us at privacy@esss.co.