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MSC Software Online Privacy Statement

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MSC.Software Corporation and its subsidiaries (collectively "MSC Software", "we" or "us" or "our") respect your privacy. We are committed to the safe and secure processing of personal data and compliance with applicable data protection laws. We have implemented appropriate technical and organizational measures to protect your personal data against loss or unlawful access. The number of persons with access to your personal data is limited. Only individuals associated with us that need to process your personal data in accordance with the purposes below will have access to your personal data.

The data we collect about you.

Personal data means any information directly or indirectly relating to an identifiable individual.

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, title, date of birth, gender, video, audio and photographic data.
  • Contact Data contact details such as place of work, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, network and device identification and other technology on the devices you use to access our website or products.
  • Profile Data includes biographical information about you, which may include details of your social media presence, your job title/role, purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our websites, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic data). Nor do we collect any information about criminal convictions and offences.

There are various legal bases upon which we may rely, depending on what personal information we process and why. The legal bases we rely on are:

  • Consent: Where you have given us clear and explicit consent for us to process your personal data for a specific purpose.
  • Contract: Where our use of your personal data is necessary for a contract we are about to enter into or have entered into with you, or because you have asked us to take specific steps before entering into a contract.
  • Legitimate interest: Where our use of your personal data is necessary for us to fulfil a legitimate business purpose or the legitimate business purpose of a third party (unless there is a good reason to protect your personal information, which overrides our legitimate interest).
  • Legal obligation: Where our use of your personal data is necessary for us to comply with the law (not including contractual obligations).

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when, amongst other things, you visit one of our offices, you apply for our products or services, subscribe to our products or services, register on our websites to request marketing information from us, furnish our representatives with your business card, give us feedback or contact us.

Automated technologies or interactions. As you interact with our websites, products and services, we may automatically collect Contact, Technical Data and Usage Data. We collect this information by using cookies and other technologies such as anti-piracy and licence compliance technology, and usage reporting and analytics tools.

Third parties or publicly available sources. We may obtain personal data about you from various third parties and publicly available sources, including:

  • Technical Data: from analytical providers.
  • Contact, Financial and Transaction Data: from providers of technical and payment services.
  • Identity, Contact, Financial, Technical and Transaction Data: from channel partners (e.g., resellers, agents, distributors).
  • Identity and Contact Data: from data brokers or aggregators.
  • Identity and Contact Data: from publicly available sources.

We may rely on one or more of the sources of personal data. The personal data that we collect from various sources may be combined.

How we process your personal data

Contractual obligations:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Financial Data
  • Transaction Data
  • Technical Data
  • Marketing and Communications Data
The purposes of the processing Fulfilling our contractual obligations towards you or your company, e.g., register you as a new customer, sending quotes, order administration, provision of products and services to or from your company, invoicing your company or paying a company's invoice, notifying you of changes to our terms, responding to your service requests, holding meetings at our offices, etc.

Legal basis for the processing

  • Contract
  • Legitimate Interest
Recipients (or categories of recipients) of the personal data We will share your personal data with companies within the Hexagon Group. We may also share your personal data with channel partners (e.g., resellers, agents, and distributors). We may also share your personal data with suppliers and business partners and legal agents which carry out services on our behalf such as customer relationship management solution providers and travel agents.
Retention period We will retain your data for as long as the business relationship with your company exists.
We will retain and use your data during the applicable statutory limitation periods and as necessary to comply with our legal obligations, resolve disputes and to enforce agreements.

Marketing:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Transaction Data
  • Technical Data
  • Profile Data
  • Usage Data
  • Marketing and Communications Data
The purposes of the processing To deliver relevant website content. Informing you via any means (including via email, telephone, text message, social media or in person) about our products, services, publications and events which we think may be of interest to you and your company, based on previous purchases and interest shown in our products.
Legal basis for the processing
  • Consent
  • Legitimate Interest
Recipients (or categories of recipients) of the personal data We will share your personal data with companies within the Hexagon Group. We may also share your personal data with channel partners (e.g., resellers, agents, and distributors).
We may also share your personal data with suppliers and business partners and legal agents that carry out services on our behalf such as marketing solution providers.
Retention period We will process your personal data unless you opt out of the processing for direct marketing purposes.

Customer Testimonials, Comments and Reviews:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Technical Data
  • Profile Data
  • Marketing and Communications
The purposes of the processing The processing is required for the purpose of providing reviews to our client base in support or otherwise, of our products, services and software.
Legal basis for the processing
  • Consent
Recipients (or categories of recipients) of the personal data Individuals who access any marketing channel from either within MSC Software or outside of MSC Software.
Retention period For as long as is necessary unless you withdraw your consent to the processing.

Recruitment:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Profile Data
  • Technical Data
  • Also, employment details, background information, and any other information in your application that you choose to share with us.
The purposes of the processing
  • To consider your application in respect of a role for which you have applied.
  • To consider your application in respect of other roles, including future job openings (unless you have told us that you do not want us to keep your information for such purposes).
  • To communicate with you in respect of the recruitment process.
  • To enhance any information that We receive from you with information obtained from third party data providers.
  • General HR administration and management (in case you become an MSC Software employee).
  • Conducting satisfaction surveys.
  • Analysis and assessment of your application, including verification of employment reference(s) and background checks.
  • Compliance with corporate governance and legal requirements
Legal basis for the processing
  • Legitimate Interest
  • Contract
  • Consent
Recipients (or categories of recipients) of the personal data
  • MSC Software and Hexagon Group HR Teams, and other employees and third-party service providers involved in or supporting the recruitment process.

We may also disclose your personal information to other third parties:

  • As necessary to comply with Our legal obligations, or to establish, exercise or defend Our legal rights.
  • We have otherwise obtained your consent.
Retention period We will keep your personal information for as long as necessary in connection with the purposes described in this Privacy Statement and in accordance with Our retention policies and applicable law. If you want to learn more please contact dataprivacy@mscsoftware.com.

To administer, improve and protect our business, websites, products and services:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Technical Data
  • Profile Data
  • Usage Data
The purposes of the processing The processing is required for the purpose of improving our products and customer experiences, which includes troubleshooting, data analysis, data analytics, testing, system maintenance, support, reporting and hosting of data.
Legal basis for the processing
  • Legitimate Interest
Recipients (or categories of recipients) of the personal data Individuals who access any MSC Software marketing channel. Individuals who use our products and services.
Retention period For as long as is necessary unless you object to the processing and the objection overrides our Legitimate Interest.

Anti-Piracy and Licence Compliance:

Categories of personal data we process
  • Identity Data
  • Contact Data
  • Technical Data
  • Transaction Data
  • Profile Data
  • Usage Data
The purposes of the processing To verify user compliance with the terms of the applicable license agreement, identify unauthorized use and users of software, and otherwise to protect and enforce intellectual property rights.
Legal basis for the processing
  • Legitimate Interest
Recipients (or categories of recipients) of the personal data We may share your data with our affiliates, as well as our (and our affiliates') contractors (including channel partners), representatives, successors and assigns, in connection with our (and our affiliates') license compliance and anti-piracy efforts, such as sharing data with suppliers of anti-piracy technology, as well as law firms and other enforcement partners and service providers responsible for protecting and enforcing our intellectual property rights.
Retention period For as long as necessary to verify license compliance, identify unauthorized use and users of our products, and otherwise protect and enforce our intellectual property rights.

Legal Compliance:

Categories of personal data we process
  • Identity Data
  • Profile Data
The purposes of the processing To carry out customer screening to enable us to meet our legal obligations only to provide products and services to those legally permitted to receive such products and services. To provide information to such authorities that require this in order that we can secure the necessary permissions to export and import products and services.
Legal basis for the processing
  • Legitimate Interest
  • Legal Obligation
Recipients (or categories of recipients) of the personal data We may share your data with those government authorities who require this information or third-party screening platforms.
Retention period For as long as necessary to obtain the correct authorizations, perform delivery of the product or service, and as required by applicable law.

**Where MSC Software has sought your consent to the processing of your personal data then you can withdraw your consent at any time by contacting Email: dataprivacy@mscsoftware.com.

Transfer of your Personal Data to third countries
MSC Software is a global company, headquartered in the United States. Your personal data may be transferred by us and by our affiliates and third parties outside the country in which you reside, such as to the United States, Australia, Brazil, Canada, Chile, China, Colombia, countries within the EU/EEA, Hong Kong, India, Indonesia, Japan, Malaysia, Mexico, New Zealand, Peru, Philippines, Russia, Singapore, Switzerland, South Africa, South Korea, Taiwan, Thailand, UAE, Venezuela, and other jurisdictions where we do business.

The following applies to personal data transferred from the European Union/European Economic Area (EU/EEA):

Your personal data may be transferred to a country outside of EU/EEA such as Canada (commercial organizations), New Zealand, Switzerland, and US (limited to the Privacy Shield framework) which offer similar levels of protection as within the EU/EEA. The transfer to these countries is based on the adequacy decision of the European Commission.

Your personal data may also be transferred to a country outside of EU/EEA such as Australia, Brazil, Chile, China, Colombia, Hong Kong, India, Indonesia, Japan, Malaysia, Mexico, Peru, Philippines, Russia, Singapore, South Africa, South Korea, Taiwan, Thailand, UAE, United States, Venezuela, which may have a lower level of protection than within the EU/EEA. When transferring such personal data to these countries, MSC Software uses (where appropriate) standard contractual clauses approved by the European Commission to ensure a sufficient level of protection of your personal data. The standard contractual clauses can be found via the following link: http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm

What are your rights?
You are entitled to know what personal data we are processing about you. You have the right to request access to your personal data and you can request that we provide a copy of such data to you. You are entitled to have incorrect personal data regarding you corrected, and in some cases, you may request that we delete your personal data. You also have the right to object to certain processing of your personal data, and request that the processing of your personal data be limited. Limitation or deletion of your personal data may result in MSC Software not being able to fulfil its commitments to you. You also have the right to request data portability, where your personal data would be extracted in a machine-readable format and transferred to another controller. MSC Software may not always be obliged to comply with a request from you for deletion, restriction, objection or data portability. Additional circumstances such as exercising the right of freedom of expression and information, compliance with a legal obligation which requires processing by EU or Member State law or processing for establishment, exercise or defence of legal claims can justify further processing by MSC Software. MSC Software will assess the eligibility of your request and inform you about MSC Software's decision and reasoning. Where you have given us your consent to process your personal data, you can withdraw your consent at any time and without justification. Where you withdraw your consent, certain personal data (only to the extent that it is absolutely required), will be retained on our "do not contact" list.

If you have questions regarding how we process Personal Data concerning you, you are most welcome to contact us at Email: dataprivacy@mscsoftware.com.

Objections and complaints
If you have any objections or complaints with the way in which we process your personal data, you have the right to lodge a complaint with the relevant data protection supervisory authority, where the applicable laws provide for such remedy.

Identity of the Privacy Officer
The MSC Software Privacy Officer can be contacted at: dataprivacy@mscsoftware.com

Identity of the controller
MSC.Software Corporation, 4675 MacArthur Court, Suite 900, Newport Beach, California 92660, and its subsidiaries are the controller(s) of your personal data. MSC Software (www.mscsoftware.com) is part of the Hexagon Group (www.hexagon.com).

MSC Software operates within a matrix/division structure and utilises data processing tools shared between multiple Hexagon Group entities. It follows that your location and your business relationship with MSC Software are essential in determining the relevant controller(s) in terms of the processing of your personal data.

Upon your request to the Privacy Officer, you will be provided with full details of the relevant controller(s) within MSC Software which is/are responsible for the processing of your personal data. We will provide the name and the contact details of any data protection officer where appointed by the applicable controller.

Information Regarding Cookies
When you view this Web Site, or any other hyperlinked Web Site, we may store some information on your local computer in the form of a "cookie", which allows us to adjust our Web Site to better match your preferences. Cookies are also used to collect general usage and volume statistical information that does not include personal information.

A cookie is a small text file, which the Web Site you are visiting saves on your local computer. Cookies are used by many Web Sites to give visitors access to a range of various functions. The information contained in the cookie can be used to monitor a user's browsing behaviour.

There are two types of cookies: persistent cookies and session cookies.

Persistent cookies save a file for an extended period on your computer and are used, for example, with functions that describe what information is new since you last visited the particular Web Site. Session cookies are stored temporarily in your computer's memory while you are visiting the Web Site and browsing a page, and are used, for example, to determine what language you have chosen. Session cookies are not stored in your computer for an extended period but are deleted when you close your browser.

MSC Software uses both types of cookies for the following purposes: (i) to collect visitor statistics; (ii) to enable the user to remain logged in to e.g. the subscription service on our Web Site; (iii) to remember user preferences, e.g. language, font size, etc.; and (iv) to remember user agent properties, e.g. screen resolution, connection speed, etc.

Third-Party Cookies
The use of cookies by our partners, affiliates, tracking utility companies, and service providers is not covered by our Privacy Policy. We do not have access to or control over these cookies. Our partners, affiliates, tracking utility companies, and service providers may use cookies to improve your Web Site experience.

Behavioural Targeting/Re-Targeting
We partner with a third-party advertising network to either display advertising on our Web Site or to manage our advertising on other Web Sites. Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on this and other Web Sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by contacting the third-party advertising network. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

Google Analytics
This Web Site uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer to help analyse the use of the Web Site. The information generated by the cookie about your use of this Web Site (including your IP address) might be sent to a Google server in the U.S. and stored there. Under the authority of MSC Software, Google will use this information to evaluate your use of our Web Site, compile reports on Web Site activity for MSC Software and provide other Web Site activity and internet related services for MSC Software. In addition, Google may also transfer this information to third parties if required by law or if third parties process the information on Google's behalf. To see details on what Google Analytics collects and how it is used please refer to https://policies.google.com/privacy

You may refuse the use of cookies by changing the settings on your browser. Alternatively, if available for your browser, you can use the "Google Analytics Opt-out Browser Add-on" available at http://tools.google.com/dlpage/gaoptout?hl=en. We would point out, however, that if you refuse the use of cookies, you may not be able to use all the features of this Web Site.

Web Beacons
Our Web Site contains electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyse how our Web Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Our third-party partners also employ clear gifs (a.k.a. web beacons/web bugs), images, and scripts that help them better manage content on our Web Site. We do not tie the information gathered to our customers' or users' personally identifiable information.

How to Avoid Cookies
You can set your browser to block cookies. The procedure for blocking cookies will depend on what browser you are using. Access 'Help' or the appropriate menu in your browser for instructions. You can also remove persistent cookies by following directions provided in your Internet browser's "help" file. If you reject or remove cookies, you may still use our Web Site, but your ability to use some areas of our Web Site, such as contests or surveys, will be limited.

Links to Other Web Sites
Our Web Site includes links to other Web Sites whose privacy practices may differ from those described in this Privacy Policy. If you submit personal information to any of those third-party Web Sites, your information is governed by their privacy policies. We encourage you to carefully read the Privacy Policy of any Web Site you visit.

Social Media Widgets
Our Web Site includes social media features, such as the "Facebook" button, and widgets, such as the "Share This" button or interactive mini-programs that run on our Web Site. These features and widgets may collect your IP address, which page(s) you are visiting on our Web Site and may set a cookie to enable the feature or widget to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Web Site. Your interactions with these features and widgets are governed by the privacy policy of the company providing it.

For California Residents Only
The purpose of this section is to provide information to California residents pursuant to the California Consumer Protection Act (CCPA).

Personal data also includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a household.

We do not and will not sell your personal data to third parties.

This Privacy Statement was last amended on October 16, 2020.