Privacy Policy of XSimulator

Privacy Policy

xsimulator is committed to safeguarding your privacy. Contact us if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy.
This Privacy Policy is a part of our Terms and Conditions; by agreeing to Terms and Conditions you also agree to this Policy. In the event of collision of terms used in Terms and Conditions and Privacy Policy, the latter shall prevail.

Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not) – xsimulator

Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited with a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our best to ensure the integrity and confidentiality of data.

Data Subject’s rights

The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

Data we gather

Account and purchase information

On our site you can register an account to participate in the community, to write posts, upload images and write private conversations to other user.

You can upgrade your user account by purchasing different membership plans. These plans allow you to download software plugins for using with the motion simulator software SimTools which you can obtain from https://simtools.us.

For registering your XSimulator account we collect your mail address, your full name, billing and home address. This data is also used for creating invoice documents and to fulfill german legal requirements.

Your user account is connected to your mail address and contains licensing information and a history of your purchases and license activity.

We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.

We store this information on our own servers.

If you did not upgrade your account by purchasing a membership plan you can request a deletion of your entire data.

if you upgraded your account by purchasing a membership plan we are legally obligated by german law to store relevant personal and transaction data for 10 years.
You can request the removal of your account information after 10 years of your last purchase and inactivity of your account.

Requesting the deletion of your public data like comments, posts and and other data on xsimulator.net remains unaffected and you can send us a request if you want your account canceled and your public data deleted.

You can update your account information here.

Communications & Support Requests

We are using email to handle user support requests which can be send from the contact form on our website and to the mail address admin [at] xsimulator.net.  When you send us a mail you are aware that your mail will be stored on our mail server which is hosted by the company domainfactory. Your mail will be downloaded from domainfactory and then stored on a local computer system.

The company address is

domainfactory GmbH
Oskar-Messter-Str. 33
85737 Ismaning
Deutschland
Privacy Policy (German)

Other communication

We may use additional services like Twitter or Facebook to communicate with you if you start a communication with us using one of these services.

Their usage is not necessary to get in contact with us or to use our services or products.
You are bound to the privacy policies of external services if you use them to get in contact with us.

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your shopping history. This information is used for security purposes and to prevent fraudulent attempts or transactions. This information are also stored for a better customer experience.
When you use our services or look at the contents of our website, your activities may be logged for security reasons as well.

You can request this data or its removal. Your request can be limited by legal obligation and depends on the nature of the appropriate data.

Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds.

We are using external services to process your support requests which you can send us from our contact formular.

We are using external services to process your payment. These services store the information you give them either on their sites or from the contact formular on our website.

See the list of our partners here.

Publicly available information
We might gather information about you that is publicly available

How we use your Personal Data

We use your Personal Data in order to:

  • provide our service to you. This includes for registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfil an obligation under law or contract;

We use your Personal Data on legitimate grounds and/or with your Consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to send/offer you a product;
  • to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalized offers (from us and/or our carefully selected partners);
  • to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  • to conduct questionnaires concerning client satisfaction;

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • to send you newsletters and campaign offers (from us and/or our carefully selected partners);
  • for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfil obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 10 years.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context and nature of Personal Data is suitable for further Processing;
  • the further Processing would not harm your interests and
  • there would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners and connected third parties:

  • Mail handling by domainfactory
    Our mailservers are hosted by Domainfactory and are located in germany.
    Mails that are send to us are stored on those servers .The company address of Domainfactory is:domainfactory GmbH
    Oskar-Messter-Str. 33
    85737 Ismaning
    Deutschland
    Privacy Policy (German)
  • Paypal Payment
    You can choose paypal as payment processor in our shop. With your purchase we automatically transmit the data of the data subject to Paypal. By selecting this payment option, you agree to the transfer of personal data required for payment processing.The personal data transferred to paypal is first name, last name, address, email address, ip address and other data necessary for payment processing.The company address of paypal europe isPayPal Europ S.à.r.l. & Cie. S.C.A.
    22-24 Boulevard Royal
    2449 Luxembourg
    Privacy Policy
  • Stripe Payment
    If you choose credit card payments in our online shop we use Stripe as payment processor. We automatically transmit the data of the data subject to Stripe. By selecting this payment option, you agree to the transfer of personal data required for payment processing.The personal data transferred to stripe is first name, last name, address, email address, ip address and other data necessary for payment processing.The company address of Stripe isStripe
    185 Berry Street, Suite 550
    San Francisco, CA 94107
    Privacy Policy
  • Webhosting
    This website and its database is stored on a dedicated server machines by the company Hetzner:Company address is:Hetzner Online GmbH
    Industriestr. 25
    91710 Gunzenhausen
    Deutschland
    Privacy Policy
  • Marketing & Analytics
    We use Google Analytics service to measure traffic and user behavior on our website. Our Google Analytics code is configured to anonymize user IP addresses. So your personal IP address is not collected by Google.If you’d like to opt out of tracking by Google Analytics, visit the  Google Analytics opt-out page.
    Company addressGoogle LLC
    1600 Amphitheatre Parkway
    Mountain View, CA 94043
    Privacy Policy
  • Advertising
    We are using AdSense by Google to allow advertisers to show ads on certain spots on this website.  We disabled interest-based targeting in the AdSense settings to anonymize your visit and to not create a personal profile with your user and browsing data.You can also disable personalized ads independently from the settings on this website by visiting the link below and following the instructions:
    https://adssettings.google.com/authenticatedThe company address of Google’s AdSense isAlphabet Inc.
    1600 Amphitheatre Parkway
    Mountain View CA 94043-1351
    United States
    Privacy Policy
  • Social Networks
    We may collect or obtain your Personal Information from third parties who provide it to us. This may include referral sources; social network sites or services (e.g., Facebook, Twitter, LinkedIn, etc.). If you use a third party connection or log-in (e.g., Facebook Connect, Twitter, or Google+) to access our services, create a membership or profile on any part of the Services, access our content or forward our content to another person, platform or service, we may also receive your username or email address for those third party services or other information available about you or collected from you on those services.Please note that  we are not responsible for the information you volunteer about yourself in the discussions in certain public areas of the Services, such as forums, blogs, wikis, chat rooms, private messages, message boards or other publicly accessible interaction, or information that you choose to make public in your member profile or other areas of the Services that allow users to upload or post content. We discourage users from posting such Personal Information in this fashion. You can change your publicly available information at any time via your profile page. To request removal of your Personal Information from these areas, please contact us. In some cases, we may not be able to remove your Personal Information, in which case we will let you know we are unable to do so and why.This Privacy Policy does not cover the practices of third parties, including those that may disclose information to us.
  • Facebook ConnectOn our website we are using Facebook Connect, a service by Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA. (hereinafter referred to as facebook). Facebook Connect simplifies the Registration process for services in the internet. Instead using a registration formular on our website you can use facebook connect to enter your facebook login credentials to create an account on our website and to
    use our services. With the use of facebook connect your browser is connecting to the server of facebook. For the log in process you will be redirected to the facebook website.
    There you can login with your account credentials and your facebook user account will be connected with our service.

    We have no influence on the scope and further use of data collected through the use of Facebook Connect by Facebook. According to our Knowledge is given to Facebook the information that you have the appropriate part of our website or click on an ad from us. If you have a user account on Facebook, Facebook can assign the visit to your user account. Even if you are not registered with Facebook or have not logged in, there is the possibility that Facebook gets your IP address and other identification data

    We use Facebook Connect to help you with the registration and signup process and
    to shorten it. This is also our legitimate interest in the processing of above data by the third party. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR.

    You can prevent processing of this information by Facebook if you use our registration mask and do not use Facebook Connect.

  • Google Web Fonts
    We use “Google Web Fonts,” a service of Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter referred to as “Google”), on our website. Google Web Fonts allows us to use external fonts, called Google Fonts. For this purpose, when retrieving our website the required Google Font is loaded from your web browser into the browser cache. This is necessary so that your browser can display a visually improved representation of our texts. If your browser does not support this feature, a default font will be used by your computer for viewing. The integration of these web fonts is done by a server call, usually at a Google server in the USA. This will be transmitted to the server, which of our websites you have visited. Also, the IP address of the browser of your device is stored by Google. We have no control over the extent and continued use of data collected and processed through the use of Google Web Fonts by Google.

    We use Google Web Fonts for optimization purposes, in particular to improve the use of our website for you and to make it more user-friendly. This is also our legitimate interest in the processing of the above data by the third party. The legal basis is Art. 6 para. 1 sentence 1 lit. f) GDPR.

    Google has submitted to the Privacy Shield Agreement between the European Union and the United States and certified. As a result, Google agrees to comply with the standards and regulations of European data protection law. Further information can be found in the following linked entry: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

    Third-party information: Google Dublin, Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland, Fax: +353 (1) 436 1001. For more information on privacy, please refer to the Google Privacy Policy: http: // www .google.com / intl / en / policies / privacy

    For more information about Google Web Fonts, visit http://www.google.com/webfonts/, https://developers.google.com/fonts/faq?hl=en-US&csw=1, and https: // www. google.com/fonts#AboutPlace:about

We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

How we secure your data

We do our best to keep your Personal Data safe.  We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username / e-mail and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

Cookies and other technologies we use

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – these cookies are used to track the use and performance of our website and services
  • Advertising cookies – these cookies are used to deliver advertisements that are relevant to you and to your interests. In addition, they are used to limit the number of times you see an advertisement. They are usually placed to the website by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organisations such as advertisers. Often targeting or advertising cookies will be linked to site functionality provided by the other organisation.

You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

Contact Information

Do you have questions regarding our privacy policy?
You can reach us via our contact form or by using the postal address below

Controller
René Hermenau
Eichenstrasse 27
21224 Rosengarten
Germany

Supervisory Authority
Email: poststelle@bfdi.bund.de
Phone: +49 228 997799 0

Changes to this Privacy Policy

We reserve the right to make change to this Privacy Policy.
Last modification was made May 25, 2018.