Privacy Policy
LAST UPDATED: 7th MAY 2020
Privacy Policy
Wikifactory Ltd., with registered office in 2nd Floor, Windsor House, 40/41 Great Castle Street, London W1W 8LU, United Kingdom (“Wikifactory” or “we” or “us”), acts as data Controller (the ‘Controller’) under the General Data Protection Regulation (EU) N. 2016/679, (‘GDPR’) and the relevant national legal framework (together “Privacy Law”), provides the users of its websites and services (the ‘Users’, ‘you’ or the ‘Data Subjects’) with this Privacy Policy which applies to the collection, use and processing of Users’ Personal Data in connection with our websites wikifactory.com and wikifactory.cn (collectively, the “Platform”) and the related services as provided by us and our affiliates through the Platform. This Privacy Policy does not pertain to other information that is posted, provided to you, collected or otherwise used by third parties through our Platform where such third parties do not act on our behalf (including information which is collected by third parties not on our behalf, by means of cookies or other tracking technologies).
In accordance with Articles 13-14 GDPR, Wikifactory informs you of how we collect, process, use, and share your personal data (the ‘Personal Data’) that you provide us with when registering with the Platform or that we obtain as a result of your use of the Platform.
Please read it carefully before using the Platform.
Introduction
Wikifactory is a Software-as-a-Service provider for designers on a B2B basis. In particular, Wikifactory’s Platform constitutes an infrastructure solution to provide users, such as designers, design companies, 3D Printing facilities and manufacturers, with an accessible, composable, extensible network to integrate into third-party design services and interact in real-time. However, consumers are also allowed to subscribe to the Platform as to interact with designers and other professionals of the design industry. Under these circumstances Wikifactory’s Platform is also a B2C online service. As Wikifactory is committed to protecting the Personal Data of the Platform’s Users, this Privacy Policy explains the following:
- What Personal Data Wikifactory obtains from you as a result of your use of the Platform;
- How Wikifactory uses your Personal Data and for what purposes;
- What the legal grounds for processing your Personal Data are;
- Whether users’ provision of their Personal Data is compulsory;
- How long users’ Personal Data will be kept by Wikifactory;
- When, why and with whom Wikifactory shares your Personal Data with third parties; and
- How you may control Wikifactory’s use and sharing of your Personal Data,
- Use of Cookies on the Platform;
- Security of Personal Data;
- what your rights to privacy are and how you can exercise them.
The Platform may provide access to websites and links to other services owned and operated by third parties. The use of your Personal Data by such third parties is outside the scope of this Privacy Policy, therfore Wikifactory is not responsible or liable for the privacy practices of such third parties.
1. What Personal Data Wikifactory obtains from you as a result of your use of the Platform
There are a variety of ways by which we may collect Personal Data from you as it is described below:
1.1 Personal Data we collect and process when Users browse the Platform:
When you are not registered yet with the Platform but you nonetheless use the Platform, Wikifactory collects browsing data including all data collected automatically through the website, such as but not limited to (i) visitor’s browser type, (ii) browser language, (iii) referring site, (iv) screen size and resolution, (v) Internet Protocol (IP) addresses. Once you have become a registered User of the Platform, Wikifactory collects and processes browsing data related to the types of actions carried out on the Platform by users, such as for each visiting session, but not limited to, (i) the location, (ii) the duration of session, (iii) whether you are a returning visitor, (iv) the number of pages visited, (v) cookie values, (vi) referral site, (vii) Internet Protocol (IP) addresses. Except for those cases in which those data are used for profiling and marketing purposes upon Users’ consent, the above referred data is used to provide a registered User with our service and where possible the data obtained is anonymous statistical information in aggregated form on the use of the Platform and to check its correct functioning. Such data could also be used to ascertain responsibility or to enforce Wikifactory’s rights in case of hypothetical computer crimes against the Platform.
1.2 Personal Data supplied by Users for registration with and use of the Platform:
We collect and process your Personal Data in order to allow you to register with the Platform and to create your own account. There are two alternative ways of registration: You may be requested to fill the registration form with the following information and Personal Data:
- Name and surname;
- E-mail;
- Chosen Username;
- Chosen Password;
- Bio description
Additionally, you may register with the Platform by providing up to 3 skills associated with your User profile.
In addition, in order to enhance your experience with the Platform and to better engage with other Users you may also make manifestly public at your own discretion the following data:
| Personal Data | Sensitive Data |
|---|---|
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1.4 Data related to Users’ content and actions and interactions on the Platform:
| **Data related to the User’s content and interactions on the Platform** | **Sensitive Data** | **Data related to products and/or services** |
|---|---|---|
| Depending on registered Users’ use of the Platform’s functionality, Wikifactory will collect the following information | For each session of the Platform loaded by registered Users Wikifactory will collect the following information: | Further to each sale and purchase of products and/or services Wikifactory will collect the following information for each transaction: |
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1.5 Third parties’ Personal Data provided by Users:
If you provide us with third parties’ Personal Data, you must undertake to ensure that your communication to Wikifactory of such data and Wikifactory’s subsequent data processing in accordance with this Privacy Policy will occur in compliance with the applicable Privacy Law, so that, for instance, before communicating any third party’s Personal Data to us, you must ensure that (i) you have informed such third party, (ii) have provided this Privacy Policy to such third party, and (iii) have obtained the relevant consent to provide the third party’s Personal Data to Wikifactory, if the applicable Privacy Law requires so. Wikifactory processes the Personal Data of third parties only to allow Users to carry out their activities through and in connection with the Platform, to use the Platform, its contents, applications and features and to use and/or purchase Wikifactory’s services depending on the requests of the Platform’s registered users.
2. How Wikifactory uses your Personal Data and for what purposes
| Purposes and legal basis of data processing | |
|---|---|
| Purpose | Legal basis |
| **A.** Wikifactory will process the User’s Personal Data, including those manifestly made public by the User at her/his own discretion, to allow the User to register with the Platform, and to contribute to its growth by providing, publishing, posting and sharing content, to use and purchase Wikifactory’s services, as well as to allow for interaction and collaboration with other Users on projects, products and services promoted on the Platform. |
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| **B.** Wikifactory will process the User’s Personal Data to send marketing communications to the User, such as newsletters and promotional information regarding the Platform, the services and/or products thereby supplied, to send invitations to events of Wikifactory and/or third parties, including the other Users of the Platform, as well as to carry out market surveys through automated means (i.e. the User’s Wikifactory profile, email, sms, push notifications) and not automated means (paper mail, telephone with operator). The foregoing is without prejudice to the possibility for the User to oppose at any time the sending of such marketing and promotional communications whilst also being able to select the means whereby Wikifactory may send them. The User has the right to withdraw her/his consent at any time. |
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| **C.** Wikifactory will process the User’s Personal Data for profiling purposes for advertising and/or commercial purposes, to customize the services based on the User’s journey or use patterns on the Platform, interests, activity and for example, to show her/him content in line with her/his interests and develop services which are tailored to her/his needs. The foregoing is without prejudice to the possibility for the User to oppose at any time her/his profiling for marketing purposes. The User has the right to withdraw her/his consent at any time. |
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| **D.** Wikifactory will process the User’s Personal Data to ensure that the Platform is up-to-date and meets the needs of Users, to analyze, review and improve the products or services offered on the Platform, to provide Users with a friendly user-browsing experience, to ensure compliance with the terms of use of the Platform, for the safety of the Platform and its Users and for the protection of Wikifactory’s rights and/or assets. |
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| **E.** Wikifactory will process the User’s Personal Data for the management of the Platform and the business revolving on it, in particular report to Wikifactory’s stakeholders, about the development of the activity and the results achieved through the Platform (e.g. to present data that shows progresses in meeting Wikifactory’s KPIs). The information used for this purpose will remain strictly anonymous and will not be used to identify any User nor will it be associated to the Personal Data of Users. |
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| **F.** Wikifactory will process the User’s Personal Data to comply with legal obligations, the applicable laws and regulations, as well as to act before judicial and administrative authorities. |
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3. What are the legal basis for processing your Personal Data
With respect to Personal Data whose processing is essential to comply with applicable laws, regulations or to perform the contract in place between Wikifactory and the User (see paragraphs A, D and F of section 2 of this Policy), the User’s provision of her/his Personal Data is mandatory and failure to provide such data would make it impossible for Wikifactory to provide the User with the services through the Platform. For Personal Data whose processing is paramount to Wikifactory’s marketing activities and profiling (see paragraphs B, and C of section 2 of this Policy), the provision of Personal Data is voluntary and the User’s failure to provide them will not prevent the User from using the Platform and related services. Finally, where Personal Data are first rendered anonymous and are in such form communicated to investors, fabricators and Wikifactory’s stakeholders (see paragraph E of section 2 of this Policy) Wikifactory pursues its legitimate interest in enhancing and protecting the Platform and the business revolving around it, without affecting the interests and fundamental rights and freedoms of the Users.
4. Whether Users’ provision of their Personal Data is compulsory
In accordance with this Privacy Policy, Wikifactory may collect and process the User’s Personal Data based on their informed, free, unambiguous consent:
- in order to carry out direct marketing activities, market researches and customer satisfaction surveys (where consent is required by law), and
- for profiling purposes.
In the registration process, or when creating a profile through a third-party OAuth provider, by clicking the ‘create a profile’ button in the sign up form (which provides a link to Wikifactory’s Policies) you are agreeing to Wikifactory Privacy Policy and to Wikifactory collecting and processing your Personal Data shared on the Platform with your consent.
The User has the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Where we are not required to obtain your consent prior to using your Personal Data for direct marketing, you nevertheless have the right to object to such data processing at any time thus opting out from receiving direct marketing from us.
Consent withdrawal or opt out (as described above) can be exercised in various ways: by following the withdrawal instructions contained in the marketing communication you will receive from time to time, or by contacting Wikifactory at privacy@wikifactory.com.
5. How long Users’ Personal Data will be kept by Wikifactory
Wikifactory retains the User’s Personal Data only for the time strictly necessary in order to provide the Platform services or to achieve the purposes for which the data were collected. Wikifactory will also retain Personal Data related to an inactive User account, until the User deletes the account or requests its deletion. Once the User has deleted their account, or has requested its deletion, Wikifactory will proceed to delete such account within 30 days.
For marketing and profiling purposes Personal Ddata are retained for no longer than is necessary for pursuing such purposes within the limits set out by the Privacy Law. In particular, where we have collected Personal Data on the basis of the User’s consent, if the User subsequently withdraws their consent and we no longer have any other valid legal basis to continue to process the Personal Data we will delete such data affected by such withdrawal. Wikifactory reserves the right to keep and retain the information, including Personal Data, which is necessary to demonstrate compliance with the User’s request for withdrawal of their consent (i.e. opt-out request). The User can at any time request the deletion of their Personal Data for marketing and profiling purposes and can oppose the processing of those data for such purposes.
In any case, Wikifactory will retain the User’s Personal Data which are necessary to comply with a legal obligation or for the exercise of our rights of defense in the context of legal disputes up to a maximum of 6 years. After this deadline, Personal Data will be deleted or rendered anonymous.
6. When, why and with whom Wikifactory shares your Personal Data with third parties
Affiliated, controlled or controlling companies. Where necessary to pursue the purposes described in this Privacy Policy, Wikifactory may communicate Users’ Personal Data to its affiliated companies, subsidiaries and parent companies, also located outside the European Union.
Third-party service providers. Wikifactory may also share Users’ Personal Data with third-party service providers who will act as data processors in order for Users to use the Platform and/or receive services through the Platform. By way of example, such third parties may include professionals who provide technical, commercial, marketing or administrative advice to Wikifactory for the pursuit of their business and the purposes described in this Privacy Policy, companies that deal with the management or maintenance of the IT infrastructure on which the Platform is based, also payment service providers.
Third parties in compliance with a legal obligation or for the establishment, exercise and defense of a legal claim. Wikifactory may communicate Users’ Personal Data to institutions, law enforcement agencies, judicial authorities, administrative, regulatory or public security authorities, in the context of a legal or administrative procedure, or in order to fulfill a legal obligation or to protect Wikifactory’s rights, including in court.
Third parties in the case of corporate transactions. The communication of Users’ Personal Data may finally take place in the face of events such as mergers, acquisitions, sales of companies (or its assets) or other extraordinary transactions in which Wikifactory may have to share information with potential buyers or counterparties and the related consultants.
7. Collection and Use of Information from Children under the Age of 16
Wikifactory does not offer its online services to children below the age of 16 nor it knowingly collects or maintains Personal Data from anyone under the age of 16 or knowingly allow such persons to use the Platform. If you are under 16, please do not attempt to register on the Platform nor to provide any Personal Data through our Platform.
If Wikifactory learns that a child under 16 has provided us with any Personal Data, Wikifactory will promptly delete such Personal Data.
8. International data transfers
Wikifactory may need to transfer Users’ Personal Data abroad to provide services to User and to pursue the other purposes indicated in this Privacy Policy. Before proceeding with the transfer of data outside the European Union, Wikifactory will adopt all appropriate measures, including contractual measures (for example, the Standard Contractual Clauses adopted by the European Commission), as provided under the Privacy Law, in order to guarantee the protection, security and confidentiality of the Personal Data transferred or, if the recipient of Users’ Personal Data is established in the United States, Wikifactory will verify that the recipient regularly adheres to the “Privacy Shield” program (or will ensure an alternative adequate safeguard).
9. Changes to the Privacy Policy
This Privacy Policy may be updated by Wikifactory from time to time. We will inform you of any material changes to this Privacy Policy through posting an update on the Platform by means of banners or pop-up messages or by an email message.
10. Cookies
A “cookie” is a small text file sent by the websites visited by users and stored on the device used to access these websites. When users visit the same site again, the browser reads the cookies stored on the device and retransmits the information to the site that originally created the cookies. Our Platform uses different types of cookies and other technologies (such as pixels, web beacons and clear GIFs) for reading and storing information on the User’s device in order, for example, to perform statistical analysis, customize and facilitate the browsing experience of Users and, with Users’ prior consent, offer users advertising based on their interests. Wikifactory does not use cookies that have the ability to start programs on devices or to send viruses on them.
The aforementioned cookies can be either temporary (when they are automatically deleted at the end of the session), or permanent (when they remain stored on the users’ hard disk, unless the user deletes them), First-Party Cookies (when they are set and managed directly by us) and Third-Party Cookies (when they are managed by a third-party website domain).
Our Platform uses technical cookies, for which the User’s consent is not required, which are necessary for the functioning of the Platform, including the provision of the services it offers. This category of cookies includes analytics, session cookies and functionality cookies, used by the owner for example, to collect information, in aggregated form, on the number of users and how they visit the website, to save users’ browsing preferences, such as the language, or to recognize the user who returns to the website.
Our Platform also uses its own and third-party profiling cookies, aimed at creating profiles related to the User and used to send advertising communications in line with the preferences expressed by the same during navigation.
In the registration process, or when creating a profile through a third-party OAuth provider, by clicking the ‘create a profile’ button in the sign up form (which provides a link to Wikifactory’s Policies) you are agreeing to Wikifactory Privacy Policy and to Wikifactory using technical, third-party, analytics, and profiling cookies (please review Wikifactory’s Cookies Policy).
Since most browsers are set to automatically accept cookies, we remind you that you can manage and disable Wikifactory and third-party Cookies directly from your browser settings:
Besides managing their Cookies preferences from the browser settings, users can also express their consent to authorize all or some of Cookies used on the Platform as explained in the following paragraphs and in more depth in the Cookies Policy. The Users’ choice to consent to enable or disable the use of Cookies shall be expressed in connection with each device and browser deployed by users to access to the Platform. In any event, users are informed that their lack of consent to the use of technical Cookies may lead to the impossibility to use the Platform, use and view its contents, applications and features and Wikifactory’s services. Also where users withdraw their consent to the use of functionality Cookies some of the Platform’s content, applications, features or services provided through the Platform may not be available or may not work properly. Instead the users’ withdrawal of consent with respect to third-party Cookies will not affect the use of the Platform, its content, applications, features and the services provided through the Platform. However, in order to exercise the withdrawal of their consent users shall access the third-party’s consent form on their websites and shall refer to the third-parties’ privacy policies.
11. Security
We use commercially reasonable efforts to safeguard the confidentiality of your Personal Data. To this end Wikifactory implements and maintains organizational (e.g. employee background screening, confidentiality agreements) and technical (e.g. SSL encryption) security measures in order to ensure the integrity and the confidentiality of Users’ Personal Data in accordance with the Privacy Laws. Nevertheless, due to the design of the internet, ever-changing technology, and other factors outside of our control, we cannot guarantee that communications between you and the Platform will be free from unauthorized access by third parties or that Wikifactory will not be subject to security breaches. We do not accept any responsibility for the disclosure of Personal Data due to errors in transmission or unauthorized or unlawful acts of third parties or your decision to disclose your personal information. You must also take appropriate steps to keep your password confidential and change it regularly.
12. Users’ Rights under the Privacy Policy
The User may at any time ask Wikifactory the updated list of data recipients and data processors and may exercise their rights pursuant to Art. 15 ff. of Regulation (EU) 2016/679 (‘GDPR’). In particular, the User has the right to access, rectify or delete the data stored by Wikifactory that concerns him or her, as well as the right to restrict, or to object to certain types of processing, such as marketing activities, decisions based solely on automated processing, including profiling, unless the User’s explicit consent for such purposes has been given or that automated processing is necessary for the conclusion or execution of a contract with Wikifactory, the right to withdraw consent to data processing previously given, as well as to receive Personal Data concerning her or him in a structured commonly use and machine-readable format (right to data portability). Finally, the User has the right to lodge a complaint with the UK ICO (i.e. the ‘Information Commissioner’s Office’). The User’s rights and any request of additional information, can be exercised, with no formalities and free of charge. However, where we consider that the User’s requests are manifestly unfounded or excessive, we can reserve to charge the requesting User a reasonable fee taking into account administrative costs. In order to exercise the privacy rights, as well as to request any information or clarification regarding this Privacy Policy and the Cookies Policy, the user can contact Wikifactory at the following e-mail address: privacy@wikifactory.com