Privacy policy

HX3 Solutions, Inc. ("HX3") respects your privacy. This Privacy Policy describes the collection, use and disclosure of information collected online when you use our websites, located at www.buyplm.com, www.product-lifecycle-management.com, and www.pdxplorer.com, (each the "Sites," collectively the "Sites"). This Privacy Policy (the "Policy") forms an agreement between HX3 Solutions, Inc. ("HX3 Solutions," "us," "our," or "we") and you individually, or if you represent an entity or other organization, that entity or organization (in either case "you"). Through your use of a Site, you consent to the practices described in this Policy.

This Policy describes what information we may collect, how we may collect it, with whom we may share it, and other matters related to the information we collect, including your choices regarding collection and disclosure to third parties. This Policy is incorporated into our Terms of Use and may include terms that are defined in those policies. Unless stated otherwise, this Policy only addresses the use and disclosure of information we collect from you online.

Please note, for some services or features, we may collect and transfer Personal Information to a service provider, or you may visit other service providers through links on our Sites which may collect and use your Personal Information. Please review the privacy policies of third-party sites before you disclose your Personal Information to them.

Information we collect and how we use it§

We may collect Personal Information and other information about you and your business when you use our Sites. "Personal Information" is any information that can be used to identify you as an individual, either alone or in combination with other information. We collect this information from you so that we can process your transaction, provide support for you and your account, and to help us or our partners improve our Sites.

We collect, process and use Personal Information for the purpose for which it was first collected and, if applicable, as authorized by you. Your authorization may be implied in the context of a transaction or you may authorize our use of your information at a later time. We take reasonable steps to ensure that Personal Information collected is relevant to its intended use, and is accurate, current and complete. We will not use your Personal Information for any purpose incompatible with this Policy unless we provide you notice and an opportunity to opt-out (or opt-in, to the extent required by applicable law).

We typically collect personal and other information from you and use that information in the following ways:

If you register on our Sites, download our software, or make a purchase. Users may register through our Sites to download a free trial or purchase our product, and to receive updates on our products. If you register on our Sites, we collect Personal Information such as your name, email, address and any other Personal Information required on the registration form. We use this information to manage and correspond with you about the product, send you information related to HX3 Solutions, and for other related matters.

We or a third party service providers may collect Personal Information when you purchase our products, or make other purchases on our Sites, by telephone, or via Fax. Specifically, we or our third party service providers may collect your name, email address, phone number, mailing address, payment account information, security codes, other Personal Information that may be required to process your transaction and payment, or as part of your purchase order. If you are purchasing products through our Sites, your payment may be processed by a third party, and in which case, we will not have access to the payment card or account information you provide in order to process your transaction. However, we may have access to the other information provided on your order form, including the name and address you provide. We will collect your account, credit card and other related payment information if you provide you payment information directly to us through our Site.

We or our third party service providers use purchase information in order to administer, manage and correspond with you about your purchase, and may also add your Personal Information to our database in order to inform you of upcoming products, news, events or other information that may be of interest to you.

If you sign up for newsletters, Site emails and other offers. We may offer newsletters and other communications that provide information about our products, information related to HX3 Solutions, and other information we think would be of interest to you. You may receive communications either by registering for a particular newsletter or in conjunction with your registration on our Sites.

Information sent to us by your web browser. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name, version, and other information provided by your browser or device, the date and time of each visit, and the pages you visit during your session. We generally use this information to ensure that our Sites are displayed properly, and so that we can understand how best to tailor our Sites for different users and technology platforms.

You web browser does not generally provide us with Personal Information, although we typically collect your IP address. An "IP address" is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer's "location" in cyberspace, so that the information you request can be delivered to you. If you use a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.

We may provide your IP address to our third-party service provider who can use it to identify your geographic region and zip/postal code. If you are a registered user, we may also associate this IP address with your registration information. This gives us information about visitors' use and navigation of the Site, and may be used for troubleshooting purposes. In addition, if we suspect fraud or a threat to the security of our Sites, we may share our server logs—which contain users' IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

Cookies and similar technologies. We use "cookies" and other Web technologies to collect information and support certain features of our Sites. For example, we may use these technologies to collect information about the ways visitors use our Sites, including which pages they visit on our Site, which links they use, how they arrive at our Site, and how long they stay on each page. We typically collect this information to support the features and functionality of our Sites—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits—and to personalize your experience when you use our Sites. We may link this data to other data we hold about you, such as your registration information, so that we can understand how registered users navigate and use our Site, or for troubleshooting purposes.

We may also use pixels, or transparent GIF files, and similar technologies to help manage online analytics. These technologies enable us to recognize a unique cookie stored by your Web browser, which allow us to learn about how users navigate within a page, between pages, and to generally improve the content, navigation, and user experience on our Sites. With both cookies and pixels, the information that we collect and share is anonymous and, without additional information, cannot typically be used to identify you personally. However, if you have created a user identity, for example, by registering with our Sites, we may link some information we collect using these technologies to other information that identifies you personally.

Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit our Sites, you may be unable to use all of the functionality of our Sites if your browser rejects our cookies.

Our Sites may use cookies provided by website analytics services such as Google Analytics to help us better understand how our Sites are used. To learn more about, or to opt-out of Google's analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.

If you contact us through a Site. You may contact us, using a form available on a Site, with questions about our Products, sales, or other matters. If you contact us through a Site, we will collect the Personal Information you voluntarily provide on the applicable form (typically your name, email address and phone number) or otherwise. Any such information will be used in the context of resolving your request or answering your inquiry, or to provide additional information related to that inquiry, and we may place you on our marketing list for information related to your inquiry or which we otherwise believe would be of interest to you based on your inquiry.

With whom we share your information§

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. In order to process your requests, we may provide your Personal Information to third-party service providers or other companies who work on our behalf in order to fulfill your transaction or request. For example, when you complete payment transaction, your payment information is collected and processed using a third-party payment processor. When we transfer information to third parties, we use reasonable efforts to ensure that they comply with our Policy and applicable legal requirements. Except as described in this section, we do not share or sell you Personal Information with third parties.

In addition, in the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, customer information will, in most instances, be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process.

In extraordinary circumstances, we may, without your consent, access and disclose your Personal Information, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or we believe may expose us to legal liability. Additionally, we may disclose Personal Information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe that your information in any way relates to that threat.

Your choices about the collection, use, and disclosure of personal or other information§

In general. We respect your right to make choices about the ways we collect, use and disclose your Personal Information. Discussed above are choices you have about delivery of cookies to your computer through our Sites. In addition, we generally will ask you to indicate your choices at the time we collect your Personal Information. For example, we provide you with an opportunity to "opt in" or "opt out" of receiving marketing or promotional communications from us. In addition, we provide a link or instructions to unsubscribe to our marketing or promotional emails in each electronic newsletter or promotional e-mail we send you, so that you can inform us that you do not wish to receive such communications from us in the future. Please note, if you do not wish for us to provide certain information to one or more of our commercial service providers, we may be unable to complete a transaction you request.

Previously expressed preferences. You may change previously expressed preferences regarding how we use your Personal Information. If at any time you wish to be taken off our mailing lists, please contact us. Please provide your full name, postal address and e-mail address so that we can find you on our mailing lists. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request. You may opt out of all information sharing with third parties for marketing purposes (if any) by emailing us at privacy@hx3.com or by sending a letter to HX3 Solutions, attn: Privacy; PO Box 4040, Westford, MA 01886.

How to update or correct your Personal Information§

If you wish to update or correct your Personal Information, please contact us. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. We may limit or deny your request if the law permits or requires us to do so, or if we are unable to verify your identity.

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding our disclosure of your Personal Information to others for direct marketing purposes during the preceding calendar year (if any). With respect to these other parties, this Privacy Policy applies only to their activities within the State of California. To make such a request, please send a written, signed request to us using the address provided below.

Security precautions we take to protect your Personal Information§

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of Personal Information you provide us, based on nature of the information provided. However, please keep in mind that perfect security does not exist on the internet. We therefore cannot guarantee that Personal Information you provide will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

Links to third-party sites§

Our Sites may contain links to Web sites operated by other organizations, including Web sites operated by our third-party service providers and other third parties. For example, if you click on an advertisement on a Site or click a supporting reference in an application note, you may be taken to a Web Site that we do not control. We often use an external link symbol to notify you of an external Web Site link.

This Policy does not apply to Personal Information collected on any of these third-party Web sites. When you access third-party Web sites through a link on our Sites, please take a few minutes to review the privacy policy posted on that website.

Guidelines for minors§

We comply with the US Children's Online Privacy Protection Act ("COPPA"). Our Sites are neither directed at nor intended for use by minors. Further, we do not knowingly collect Personal Information from minors. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites unless you are 18 years old or older, or are a representative acting on behalf of a minor with the consent of the minor's parent or guardian.

Limitation of liability§

By providing us with any Personal Information you expressly and unconditionally release and hold harmless HX3 Solutions, its parents, subsidiaries, affiliates, related companies and their respective shareholders, owners, members, directors, officers, employees and agents (collectively, the "Releases") from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information. In addition, while we take reasonable steps to prevent third-party companies from making unauthorized use of your Personal Information, we cannot be held liable for any injuries, loss or damage of any kind arising from or in connection with the use and/or misuse of your collected Personal Information by those third parties.

European Union General Data Protection Regulation (GDPR)§

We recognize your right to data privacy and protection. Among other things, this means that:

• We do not collect and process your Personal Information beyond what is required for the delivery and support of our products and related services.
• We store personal data exclusively within the United States, and do not transfer Personal Information internationally.
• We have implemented policies and procedures to support GDPR requirements with respect to users’ rights.
• We select only third party service providers that have agreed to conform to GDPR requirements.
• We provide visibility and transparency through our Privacy Policy which informs our users and customers about what data is collected and how it is used.

We may lawfully collect information from you in the following ways:

1. with your consent, which is usually necessary to provide you with information about our products or services;
2. in order to prepare for, establish and maintain mutual software license and legal obligations with you, your employer or any other entity for which you act as agent or representative;
3. where the processing of the information is within our legitimate business interests and such business interest is not overridden by your data protection interests or fundamental rights and freedoms; or
4. in order to perform our legal and regulatory obligations or to protect your vital interests or the vital interests of another.

If legally permissible, we will inform you that we are collecting your Personal Information and whether the collection of the information is mandatory or not, including the possible consequences if you do not provide the information requested (e.g., our inability to perform certain requests).

You have the right to review, correct, update or request deletion of the Personal Information collected about you, provided such request does not conflict with our legal obligations and legitimate business interests as defined by GDPR.

You have the right to opt-out of marketing communications we send you.

You have the right to object to the processing of your Personal Information; the right to ask us to restrict the processing of your Personal Information; or the right to request the portability of your Personal Information should such portability become relevant to the products or services we provide.

In the circumstances where you have consented to the collection and processing of your Personal Information, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal. Additionally, if the information was collected for another reason (e.g., to perform a contractual obligation, for legitimate business interests that are not outweighed by your data protection interests or for another legally permissible purpose), the withdrawal of your consent will be effective when such purpose no longer exists.

You have the right to file a complaint with a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Economic Area, Switzerland and certain non-European countries (including the US and Canada) are available here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

The data controller of your Personal Information is HX3 Solutions, Inc., unless we inform you otherwise when providing a product or service to you.

To exercise any of these rights, or if you have questions about or need further information concerning the basis on which we collect and use your Personal Information, please contact us at our address or email below. We will acknowledge and respond to all privacy requests within 30 days of receipt.

Changes to this policy§

By using our Sites, downloading our software, or providing us with Personal Information, you consent to the terms of this Policy. We may change this Policy from time to time. We will post the effective date for this and any revised policy. Accordingly, we recommend that you consult this page whenever you want to know our current policy. Your continued use of the Sites constitutes your acceptance of any revised Policy.

Contact us

If you have any questions about this Policy, our privacy practices, or your dealings with these Sites, please contact HX3 Solutions, Inc. or send an email to privacy@hx3.com.

Effective on 21 June 2021