Privacy Policy

This Privacy Policy applies where we collect and process information from you whether:

1. via the Website or 
2. via a third party application we may use and through which we may collect and process information from you (which may time to time include Facebook, Twitter, LinkedIn, YouTube, Hubspot or other applications where a link to this Privacy Policy is provided) (together, the “Third Party Sources”). 
    

References in this Privacy Policy to the “Sources" are reference to the Website and/or the Third Party Sources, as applicable.
References in this Privacy Policy to the “Website” are references to the website “framecad.com” and all its sub-domains, or any subsequent URL or URLs used by FRAMECAD Limited from time to time.

References in this Privacy Policy to “FRAMECAD”, “we” “us” or “our” are references to FRAMECAD Limited, a company incorporated in New Zealand with its registered office at 99 Felton Mathew Avenue, Glen Innes, Auckland, 1072, New Zealand.  The terms “you” and “your” are references to visitors to the Website or users of the other Sources from time to time.

FRAMECAD owns and operates the Website.

FRAMECAD is committed to protecting your privacy, maintaining the security of any personal data received from you and to giving effect to relevant privacy legislation.   We take privacy and security of your personal data seriously and will only use your personal data as set out in this Privacy Policy.

GDPR:
If the GDPR (as defined in the Schedule) applies to you and your personal data (but not otherwise) then, in addition to the body of this Privacy Policy, the provisions of the Schedule to this Privacy Policy shall apply. 

CCPA:
If you are a resident of California, please refer to our California Consumer Privacy Act of 2018 (CCPA) Schedule.

The purpose of this Privacy Policy is to explain to you what personal data (if any) we collect and process through the Website and other Sources or as otherwise agreed between us, how and why we collect and process it, and how we may use and disclose it.

Please note that our Privacy Policy (including the Schedule) may change from time to time and the new Privacy Policy will be published on the Website.  By using the Website or other Sources and submitting your personal data to us, you agree to us using your personal data in accordance with this Privacy Policy.
We invite you to also read our Terms and Conditions for more information on the use of the Website.
 

What does this Privacy Policy cover?
This Privacy Policy only applies to how FRAMECAD deals with your personal data.  It does not apply to any company outside the FRAMECAD group or to any such company’s websites, even if you access them through FRAMECAD or through the Website or via other Sources.  If you disclose your personal data to any company outside the FRAMECAD group, your data will be dealt with according to their privacy practices.

What data do we collect and process?
On the Website or via other Sources we may ask you for personal data such as: your first and last name, e-mail address, job title, landline phone number, mobile phone number, product category you are interested in, country and other relevant personal data.  We may also ask you for information relating to your company such as company name, company website address, company billing address, company shipping address and other relevant data.
The legal basis for this collection and processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract. 

When you purchase products or services from us on the Website or via other Sources you may be asked for credit card information such as first name and last name, credit card type, credit card number and expiry date, 3 digit verification code (CCV).  This data is used to process payments however we do not store this data.  It may be stored by our payment agents.
The legal basis for this collection and processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

With regard to each of your visits to the Website or other Sources, as applicable, we will automatically collect the following data:   technical and log file data, including the Internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from the Website or other Sources (including date and time), products and services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from the page, and any phone number used to call our customer service number. We utilize this data to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (that is, data about which screens our users visit on our site).

This data helps us to determine what content our users find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable data unless required by law.
Users who do not register with us may browse the site without providing any personal data.  These visits are also tracked for the purposes outlined above.
The legal basis for this collection and processing is our legitimate interests, namely monitoring and improving the Website or other Sources and our services. 
If you contact us, we keep a record of that correspondence, for the purposes of communicating with you and record-keeping.
The legal basis for this processing is our legitimate interests, namely being able to contact you and keep our records up to date. 
Other data to help us provide you with improved products and services.
The legal basis for this processing is our legitimate interests, namely our interest in the proper administration of our Website, other Sources and business and improving the services we provide to you.
Where we receive personal data about you from other individuals, companies and organisations, we rely on these third parties to obtain your consent for us to use this data.
If you provide personal or other data to us you warrant the accuracy of such data and, where it is data about someone other than yourself, you warrant that you have that person’s consent to provide such data for the purposes specified.
In addition, when users visit our Website we also use cookies as described below in this Privacy Policy.

Why do we collect and process your personal data? 
We primarily collect and process different types of personal data about our users to fulfill their requirements for our products and services, to process orders, to carry out or respond to requests, to respond to their related inquiries or for any other purpose identified at the time the data is requested. The legal basis for these activities are as set out above in this Privacy Policy.
 
Use and/or disclosure of your data
We also may use the personal data we collect from you:
(A)  to pass data to our authorised distributors, agents, service providers and employees, in order to effectively supply products or carry out our services; your data helps us better respond to your individual needs;
(B)   to provide you with marketing material or email updates, with your consent; and/or
(C)   to improve the quality and efficacy of our products and services and our marketing strategies.
We will request your consent before passing your personal data to third parties for purposes other than those set out in this Privacy Policy.

We may disclose personal data from time to time to:
(A)   companies or persons related to FRAMECAD, including any company in the FRAMECAD Group and any such company’s employees and contractors (in which case, your personal data will be collected, used, disclosed, managed and stored in accordance with this Privacy Policy);
(B)   Google Analytics, Hubspot, Go to Webinar, Hotjar and others as advised by us from time to time.
(C)   persons authorised by you to receive data held by us or identified by us at the time the data is requested from you;
(D)  as part of any investigation into you or your activities where we reasonably believe that disclosure is necessary to the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator;
(E)   as part of a sale (or proposed sale) of all or part of our business; and/or
(F)   as required or permitted by any applicable law.
We do not sell or make available any part of your personal data for use by other service providers for the purpose of marketing and promotional communication.

How do we protect your personal data? 
FRAMECAD takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personal data and to safely store your personal data.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. You acknowledge that the internet is not a secure medium and the privacy of your communications and personal data can never be guaranteed. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
 

Cookies

A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from a website and stored in your web browser while you are browsing that website. Every time you load the Website, the browser sends the cookie back to the server to notify the Website or other Sources of your previous activity.

The Website uses cookies for two reasons: (1) to improve the user experience; and (2) for security purposes.

Specifically, we use cookies to:

•           Determine if you have previously visited the Website or other Sources
•           Identify pages you have accessed; and
•           Manage access to secure parts of the Website if you are allowed to access them (e.g. by logging in with the appropriate credentials)

The cookies used on the Website do not allow us to collect any personally identifiable data about you. If your browser is configured to reject all cookies you will be unable to access certain parts of the Website that require cookies in order to access.  This includes (but is not limited to) MyFRAMECAD and the products and services available through MyFRAMECAD.  In addition, if your browser is configured to reject cookies you may experience impaired performance of the Website and an impaired user experience.

To ensure you have the best experience possible, we recommend that you accept cookies. You may still be able to use some information-only pages even if you do not accept cookies.

Children  

The Website, other Sources and our products and services are not directed at, and are not to be accessed by, individuals under the age of eighteen (18). We will not intentionally collect or maintain information about these individuals. If you believe that we may have collected personal data from someone under the age of 18, please let us know by emailing us at privacy@framecad.com. We will then take appropriate measures to investigate and, if appropriate, delete that information.

How long we store your personal data 

We will retain your information for as long as needed to provide you with the products or services or as long as needed to fulfil the purpose for which the personal data was originally collected. We may also be required to retain certain information by law and/or for legitimate business purposes (for example, tax records).

How can you update and access your personal data?

Under applicable law you may have the right to seek access to and update the personal data we hold about you.  Subject to applicable law, we may charge a fee to cover the costs of meeting your request.  Additional rights may apply where the GDPR applies as set out in the Schedule.

If you would like to seek access to personal data we hold about you, if you no longer wish us to collect, use or disclose any personal data for the purposes described above, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal data, please contact us at privacy@framecad.com.

If we do not hear otherwise from you, we will assume that the data you provide is accurate and up-to-date and that you consent to the collection, use and disclosure of the personal data you provide us about yourself or others for the purposes described above.

Communication with you

From time to time we may send out email messages alerting you that products or services are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes. If you wish to opt-out of receiving promotional materials from us, please email us at privacy@framecad.com.

Where you are a registered user of MyFRAMECAD we may send you out alerts and user generated emails that are functionalities of the portal and therefore cannot be unsubscribed where you wish to retain access to MyFRAMECAD.

Your feedback is always welcome

We welcome your comments and questions about our Privacy Policy - or anything else you might want to talk about. To contact us please email us at privacy@framecad.com.

This Privacy Policy was last updated on: 25 May 2018.

© 2014-2018 FRAMECAD Limited.  All Rights Reserved

Privacy schedule for California residents

Effective Date: [01/01/2020]

This Privacy Notice for California Residents supplements the information contained in FRAMECAD Limited's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, FRAMECAD Limited's website, framecad.com  (“Website”), has collected the following categories of personal information from its consumers within the last twelve (12) months:

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

FRAMECAD Limited obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, products, and services.
• To create, maintain, customize, and secure your account with us.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of FRAMECAD Limited's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by FRAMECAD Limited about our Website users is among the assets transferred.

FRAMECAD Limited will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

FRAMECAD Limited may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. 

We share your personal information with the following categories of third parties:

• Service providers.
• Data aggregators.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, FRAMECAD Limited has disclosed the following categories of personal information for a business purpose:

[Category A: Identifiers.]

[Category B: California Customer Records personal information categories.]

[Category D: Commercial information.]

[Category F: Internet or other similar network activity.]

[Category G: Geolocation data.]

We disclose your personal information for a business purpose to the following categories of third parties:

• Service providers.
• Data aggregators

Sales of Personal Information

In the preceding twelve (12) months, FRAMECAD Limited has not sold personal information

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that FRAMECAD Limited disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that FRAMECAD Limited delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at +64 9 377 6640
• Emailing us at privacy@framecad.com

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Other California Privacy Rights

Attn: Data Protection Officer, 99 Felton Mathew Ave, Glen Innes, Auckland 1072, New Zealand

Changes to Our Privacy Notice

FRAMECAD Limited reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which FRAMECAD Limited collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: +64 9 377 6640

Website: framecad.com

Email: privacy@framecad.com

Postal Address:

FRAMECAD Limited

Attn: Data Protection Officer, 99 Felton Mathew Ave, Glen Innes, Auckland 1072, New Zealand

This Privacy Schedule was last updated on: 19 December 2019.