Privacy Policy
We have introduced this privacy policy (the “Privacy Policy”) as a result of the General Data Protection Regulation (EU) 2016/679 (the “GDPR“ ) as well as Canadian Privacy Standards. “Utopia” as referred to in this Privacy Policy shall have the meaning as set out in the Terms of Use regarding Flair3D (the “Terms” or the “Terms of Use”). Capitalised terms in this Privacy Policy shall have the same meaning as in the Terms of Use unless defined herein. In this Privacy Policy, “we”, “us”, or “our.”
Utopia commits to strong and transparent privacy practices and your privacy is really important to us, so whether you’re new to Utopia or a long-time user, please take the time to get to know our practices. We’ve kept this simple for your understanding, but if you’re not familiar with terms like “cookies” or “IP addresses,” then feel free to contact us as set forth below.
Users may provide personal information such as an email address, phone number, and password to create an account. Data such as log files, device identifiers, location Information, financial, transaction information, user account information, user content, partner information, service information, and other data will be collected based on your use of the Services.
For Customers that purchase a paid version of the Services, our corporate affiliates and our third party payment processors may collect and store billing address and credit card information on our behalf or we may do this ourselves.
Utopia may use information collected to (and by connecting with us, sharing your email, registering for a webinar, requesting a demo or updates about the product, or using the Service, you hereby consent to such use): (i) provide, administer, and improve our Services, (ii) better understand your needs and interests, (iii) fulfill requests you may make, (iv) personalize your experience, (v) provide Service announcements, (vi) provide you with further information and offers from Utopia, Utopia Affiliates, and our business partners, and (vii) protect, investigate, and deter against fraudulent, harmful, unauthorized, or illegal activity (viii) contact you with our Advocate Partners in your region and/or lingual territory to be able to provide you high quality software and implementation support.
Utopia uses technologies like cookies, pixel tags and web beacons to provide, monitor, analyze, promote and improve the Service. For example, a cookie is used to remember your username or email when you return to the Service and to improve our understanding of how you interact with the Service. You can block cookies on your web browser; however please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled.
You may disable or block cookies by adjusting your browser preferences at any time; however, please be aware that some features of the Service may not function properly if the ability to accept cookies is disabled. We may utilize third-party service providers to provide us with analytics services and to serve advertisements on our behalf across the Internet. These parties may utilize cookies or similar technologies to gather information about your browsing activities over time and across different websites following your use of the Service.
Although we allow you control over where you share your Content and what information is included in your Profile and take reasonable steps to maintain the security if the information associated with your account, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your Content and we are not responsible for third party circumvention of any privacy settings or security measures on the Service.
You may, of course, decline to submit personally identifiable information through the Service, in which case Utopia may not be able to provide certain services to you. You may update or correct your account information at any time by logging into your account. For questions or inquiries regarding the correction or deletion of your personally identifiable information on the Service you may contact us at info@Utopia-hub.com.
Customer agrees to participate in reasonable marketing activities that promote the benefits of the Services to other potential customers and to use of Customer’s name and logo on Utopia’s web site and in Utopia promotional materials. Customer agrees that Utopia may disclose Customer information as a customer of Utopia.
Acceptable Use:
All users of Utopia Services are expected to comply with our Acceptable Use terms. Failure to do so may result in suspension or termination of your account. You agree not to misuse the Service. For example, you may not: use the Service for any unlawful purpose or for promotion of illegal activities; impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others; publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security numbers, without their express authorization and permission; send unsolicited communications, promotions advertisements, or spam; publish or link to malicious content intended to damage or disrupt another user’s browser or computer; access, tamper with, or use non-public areas of the Service, Utopia’s computer systems, or the technical delivery systems of Utopia’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the Services by any means other than Utopia’s publicly supported interfaces (for example, “scraping”); forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or promote or advertise products or services other than your own without appropriate authorization.
You may not post any Content on the Service that: May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property; violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity; is defamatory, libelous or threatening or that constitutes hate speech; or contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Your Content:
The Service allows you to create your account, upload, filter and view models (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service. We reserve the right to remove Content on the Service that violates our Terms or that we otherwise reasonably believe may create liability for Utopia. If you choose to share your content you are also granting a license to other Utopia users.
Access to Your Content:
When you sign up for our Service, you associate one email with your account. If you use an email address provided to you by a third party entity of which you are a part (such as yourname@yourorganization.com) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain.
Your Use of Third-Party Applications:
If you elect to utilize any third-party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third-party application. To understand how such third-party application provider utilizes your Content and other information, you should review their privacy policy.
Termination:
You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or if you are using the Service in a manner that we believe may cause us financial or legal liability.
Intellectual Property Rights:
The Service (excluding Content provided by standards bodies or by the users) constitutes Utopia’s intellectual property and will remain the exclusive property of Utopia and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you to improve the Service.
Modifications to the Service:
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.
Indemnification:
You agree to defend, indemnify and hold harmless Utopia and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent or with the use of your Service login details.
Cross-Border Transfers:
Utopia’s website is a globally accessible platform. Your personal information may be accessed by companies/people in countries outside the EEA which may have data protection laws which are different, and potentially not as protective, as the laws of your own country. It is important that you know that by agreeing to this Privacy Policy and continuing to use Utopia and their Services you understand acknowledge and agree to this fact and to the accessibility of your Personal Data in this way.
To the extent that Utopia is deemed to transfer Information about you outside the EEA as for example to group companies, data processors, service providers or storage servers outside the EEA, we aim to use appropriate safeguards where necessary for example Standard Contractual Clauses approved by the EU Commission or in the case of United States entities, evidence that they are registered under the Privacy Shield.
WARRANTY:
UTOPIA SHALL USE REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE SERVICES IN A MANNER WHICH MINIMIZES ERRORS AND INTERRUPTIONS IN THE SERVICES. SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED MAINTENANCE OR FOR UNSCHEDULED EMERGENCY MAINTENANCE, EITHER BY COMPANY OR BY THIRD-PARTY PROVIDERS, OR BECAUSE OF OTHER CAUSES BEYOND COMPANY’S REASONABLE CONTROL, BUT COMPANY SHALL USE REASONABLE EFFORTS TO PROVIDE ADVANCE NOTICE IN WRITING OR BY E-MAIL OF ANY SCHEDULED SERVICE DISRUPTION. HOWEVER, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UTOPIA IS NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE.
LIMITATION OF LIABILITY:
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Miscellaneous:
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Utopia’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later. This Agreement is not assignable, transferable or sub licensable by Customer except with Utopia’s prior written consent. Utopia may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Utopia in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions.
Changes to our terms:
If we change our Terms, we will post those changes on this page so that you can always be aware of the latest Terms. Changes to these Terms are effective when they are posted on this page. For questions about these or any Utopia’s terms or policies, email us at info@Utopia-hub.com.
Thank you for using our services. We’ll keep working hard to earn your business, and your loyalty!