TURBOMECHANICA PRIVACY POLICY

Last Updated: February 24, 2025

This TURBOMECHANICA PRIVACY POLICY ("Privacy Policy") is effective as of January 2023. Please note that this privacy statement will regularly be updated to reflect any changes in the way we handle your personal data or any changes in applicable laws.

DEFINITIONS:

All capitalized terms not otherwise defined herein shall have the meanings given to them in the TURBOMECHANICA TERMS AND CONDITIONS.

NOTICES:

MECHADEMY recognizes the importance of and is committed to protecting and responsibly processing PERSONAL DATA of all CUSTOMERS and USERS and comply with applicable data privacy and protection laws.

This POLICY is disclosed for full transparency on MECHADEMY's general privacy practices as applicable to PERSONAL DATA provided by CUSTOMERS or USERS of the TURBOMECHANICA PLATFORM or the PRODUCTS.

This POLICY also describes the CUSTOMERS or USERS options regarding use of their PERSONAL DATA.

By clicking "I UNDERSTAND" in the Cookie Disclaimer notification when first entering the TURBOMECHANICA PLATFORM, the USER agrees to the terms of this POLICY and consents to the collection and usage of their PERSONAL DATA as specified in the POLICY.

MECHADEMY recommends that all CUSTOMERS and USERS review the TURBOMECHANICA PRIVACY POLICY periodically as it may be updated from time to time.

If this POLICY or any part thereof is not agreeable to the CUSTOMER or USER, the CUSTOMER or USER should not use the TURBOMECHANICA PLATFORM or the PRODUCTS.

MECHADEMY strongly advises the CUSTOMERS and USERS to not send, post, disclose, or make available any sensitive information (such as Social Security numbers, financial account information, information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, criminal background, trade union membership, genetic or biometric data, health data, or sexual orientation) on the TURBOMECHANICA PLATFORM or the PRODUCTS or to MECHADEMY directly.

COLLECTION OF PERSONAL DATA:

In order to permit access or use of the TURBOMECHANICA PLATFORM or the PRODUCTS, MECHADEMY may collect and store:

information in compliance with security and legal requirements to grant such an access or use, including but not limited to the USERS CREDENTIALS;
non-personally identifiable information about the USERS' computer and/or browser, including but not limited to browser type, type of device, IP address, location, operating system, internet service provider, the referring URL and information on the pages accessed on the TURBOMECHANICA PLATFORM;
information from USERS' computers to gather insights on how the TURBOMECHANICA PLATFORM is rendering across various browser platforms or conforming to required website security;
USAGE METRICS or other data in relation to the CUSTOMERS' or USERS' actions during access or use of the TURBOMECHANICA PLATFORM or the PRODUCTS. Such data may include CUSTOMERS' or USERS' preferences & settings, usage statistics and performance analytics.

In order to facilitate USER'S contact with MECHADEMY electronically or to allow USER to acquire any content provided by MECHADEMY such as PRODUCTS DOCUMENTATION, white papers, webinars, newsletter, PRODUCTS demo or training content MECHADEMY may prompt the USER to provide relevant PERSONAL DATA such as:

USER'S name;
USER'S contact information;
USER'S company name;
USER'S job title; and
Any other information relating to the USER that is requisite to responding to the USER in an appropriate manner

In order to facilitate fulfilment of the terms of the AGREEMENT, make available the PRODUCTS, provide customer support, prepare invoices, service business relationships or manage MECHADEMY's business, MECHADEMY may collect and store information relating to the CUSTOMER, the CUSTOMER's employees, contractors, advisors and authorized USERS such as:

Name;
Business contact details; and
Position or title.

In order to ensure safety and security and to comply with regulatory requirements MECHADEMY may collect and store visitor information or initiate supervisory or surveillance activities on individuals visiting the TURBOMECHANICA PLATFORM.

USE OF PERSONAL DATA:

MECHADEMY may use the collected PERSONAL DATA to:

Register a USER account on the TURBOMECHANICA PLATFORM;
Allow CUSTOMERS or USERS to purchase PRODUCTS from MECHADEMY;
Contact CUSTOMERS or USERS or CUSTOMERS' employees, prospects, partners and suppliers in relation to the PRODUCTS;
Provide information on the PRODUCTS that CUSTOMERS or USERS expressed interest in;
Send the required content to the USER;
Enable the USER contact MECHADEMY or be contacted by MECHADEMY;
Deploy initiatives to personalize, improve or optimize the PRODUCTS, PRODUCTS features and functionalities, content or user experience on the TURBOMECHANICA PLATFORM;
Augment with THIRD-PARTY information to improve understanding of USERS' needs;
develop analysis and business intelligence for facilitating MECHADEMY's business or for MECHADEMY's marketing purposes;
Respond to USERS' feedback, enquiries, complaints, suggestions or request for information, technical support, dispute resolution or logistics assistance;
Enforce TURBOMECHANICA TERMS AND CONDITIONS, TURBOMECHANICA GENERAL TERMS AND CONDITIONS, TURBOMECHANICA PLATFORM TERMS AND CONDITIONS, TURBOMECHANICA PRIVACY POLICY, PURCHASE AGREEMENT or any other legal or administrative matter;
Initiate a CUSTOMER or USER satisfaction survey information; or
Defend MECHADEMY's rights.

MECHADEMY's PRODUCTS are offered globally and MECHADEMY's AFFILIATES, business processes, management and technical systems are present all around the world. Accordingly:

MECHADEMY shall put in place standard commercially reasonable procedures, to protect PERSONAL DATA consistently.
MECHADEMY may share requisite PERSONAL DATA with its business partners and AFFILIATES across the world in accordance with this PRIVACY POLICY, for the purpose of facilitating access or use of the TURBOMECHANICA PLATFORM or PRODUCTS, provide customer support, reply to CUSTOMERS' or USERS' queries or make available content requested by the CUSTOMERS or USERS.
The CUSTOMERS and USERS recognize that the privacy and data-protection laws in countries other than that of the CUSTOMERS or USERS, may be different from, or less stringent than, those in the CUSTOMERS' or USERS' country of residence. By agreeing to this PRIVACY POLICY or using the TURBOMECHANICA PLATFORM or PRODUCTS or by providing any PERSONAL DATA to MECHADEMY, the CUSTOMERS or USERS expressly consent to such transfer and processing.
MECHADEMY shall restrict the PERSONAL DATA shared with any such entity and limit the usage of the shared data, to the minimum required to execute the applicable function.
During the process of identifying partners with whom PERSONAL DATA may be shared, MECHADEMY endeavors to take reasonable measures to ensure protection of privacy and security of data in accordance with this Privacy Policy.

In the event of sale, purchase, merger or corporate reorganization of MECHADEMY's business:

MECHADEMY may disclose or transfer PERSONAL DATA to the successor or buyer;
MECHADEMY may receive or acquire PERSONAL DATA from the predecessor or seller;
MECHADEMY shall deploy appropriate measures for the protection of PERSONAL DATA exchanged.

Upon receipt of formal legal notice from a government authority or legal enforcement agency, in the due course of an investigation or as applicable by law, MECHADEMY may be required to share information, including PERSONAL DATA and computer information, with the investigating body.

MECHADEMY may disclose PERSONAL DATA to safeguard, preserve or defend the rights or property, limit the liability or safeguard the welfare of MECHADEMY, its affiliates, partners, suppliers or clients, and others, provided that, in MECHADEMY's opinion there are reasonable grounds to believe that such disclosure is necessary.

MECHADEMY may disclose information, including PERSONAL DATA and Computer Information with a third party to verify or enforce compliance with the AGREEMENT, PRIVACY POLICY, Copyright Policy or any other policy governing the TURBOMECHANICA PLATFORM or PRODUCTS, or to safeguard against abuse, violation, exploitation or unauthorized use of the TURBOMECHANICA PLATFORM or PRODUCTS.

INFORMATION SECURITY AND ACCURACY

MECHADEMY shall deploy commercially reasonable physical, administrative and technical measures to safeguard PERSONAL DATA from unauthorized access, use, exposure, modification, disclosure or damage and to maintain accuracy of the PERSONAL DATA.

INFORMATION SECURITY DISCLAIMER

MECHADEMY does not have any control of the breach of security through CUSTOMERS' devices, internet service providers or any other intermediary. MECHADEMY advises CUSTOMERS to review the security and privacy policies of their internet service provider and the software on their devices, as well as employ sufficient security measures on their devices to safeguard their security credentials.

It is the CUSTOMERS' responsibility to protect their USER CREDENTIALS such as username, password and other PERSONAL DATA. All communications with security credentials such as username, password and payment information should be stored safely or destroyed after memorizing. Any loss or misuse of CUSTOMER'S account due to compromised security credentials is beyond the scope of MECHADEMY's control and MECHADEMY shall not be liable or responsible for any damages caused.

CUSTOMERS are also informed that certain information submitted by them may be recorded on their device browser history even after they conclude their visit to the TURBOMECHANICA PLATFORM. MECHADEMY strongly recommends the CUSTOMERS to log off from a device after end of session especially if others have access to it, such as in the case of public devices or mobile devices. Any loss or misuse of data on account of compromised security on CUSTOMERS' device is beyond the scope of MECHADEMY's control and MECHADEMY shall not be liable or responsible for any damages caused on this account.

MECHADEMY hereby declares that no security measure is 100% effective, and MECHADEMY cannot guarantee 100% absolute protection of data from unauthorized access, exposure, modification or damage, nor can MECHADEMY guarantee that data will not be compromised on account of accidents, malicious attacks or other circumstances beyond MECHADEMY's control.

RETENTION PERIOD

MECHADEMY shall retain PERSONAL DATA no longer than required to fulfil the purposes for which it was collected.

PERSONAL DATA may be retained beyond the term of the AGREEMENT or the delivery of the PRODUCTS if required for security, legal, regulatory or other compliances or obligations (such as statutory or accounting audits), or for defending legal claims or disputes.

CONTACT US

Any concerns or questions regarding this PRIVACY POLICY, may be addressed to info@mechademy.com with subject "Query".

While contacting MECHADEMY the CUSTOMER or USER must provide their name and contact details exactly as it appears on correspondence received from MECHADEMY or as specified in the AGREEMENT or PURCHASE AGREEMENT.

CHANGES TO PRIVACY POLICY

MECHADEMY reserves the right to update, modify, change, amend or cancel this PRIVACY POLICY at any time, without prior notice, in our discretion.

Upon modification, the revised PRIVACY POLICY will be uploaded on the TURBOMECHANICA PLATFORM.

Any use of the TURBOMECHANICA PLATFORM or PRODUCTS post uploading of the revised PRIVACY POLICY be deemed to constitute the CUSTOMERS' agreement to all revisions.

CUSTOMERS and USERS are responsible for periodic review of the latest version of the PRIVACY POLICY.

GOVERNING LAW

This PRIVACY POLICY is governed by the laws of the State of Texas, notwithstanding the jurisdiction and the location of the CUSTOMER or USER.

Any dispute arising on account of this Privacy Policy will be filed with the courts located in the state of Texas

The TURBOMECHANICA PLATFORM employs cookies which are necessary for the proper functioning of the TURBOMECHANICA PLATFORM and the PRODUCTS.

Cookies are small text files downloaded to USER'S device to assist websites in identifying the USER by allotting a unique identifying code to each device. Cookies are sometimes also utilized to "link" USER'S device to data hosted in an alternate place.

Data collected by cookies may include information on the pages visited, the time of visit, referring URL or IP address, browser type, query string, status of request, number of bytes in the response, and other relevant session information.

Cookies may be provided to MECHADEMY by a THIRD-PARTY, however only MECHADEMY shall be privy to the information collected.

THIRD-PARTY cookies may include re-marketing tracking cookies, such as those provided by Google AdWords. Such cookies allow MECHADEMY to showcase MECHADEMY's products outside of the TURBOMECHANICA PLATFORM to users who visit the TURBOMECHANICA PLATFORM.

MECHADEMY may use cookies to enhance USERS' experience, optimize PRODUCTS functionality, secure access to the TURBOMECHANICA PLATFORM or the PRODUCTS, remember log-in information, manage sessions, record statistics, track web traffic, analyze customer behavior and personalize content.

MECHADEMY shall not deploy any cookies that are capable of reading information from USERS' devices or that store any retrievable data on USERS' devices. MECHADEMY shall not use any cookies to collect any personally identifiable data.

MECHADEMY shall honor the USERS' preferences for receiving cookies. CUSTOMERS may use the "Help" tab in the toolbar of their browsers to get further information on restricting their browser from receiving cookies, or getting notifications upon receiving a new cookie, or deactivating cookies entirely. Certain features of the TURBOMECHANICA PLATFORM or the PRODUCTS may not work as intended if cookies are disabled.

LINKS TO THIRD-PARTY WEBSITES

During CUSTOMERS' or USERS' usage of the TURBOMECHANICA PLATFORM or the PRODUCTS, MECHADEMY may provide links to THIRD-PARTY websites. Such websites may have varying Terms of Service, Privacy Policies and Copyright Policies. CUSTOMERS are strongly advised to read the policies governing such THIRD-PARTY websites and be aware of the PERSONAL DATA collected by them, before using such a website.

This PRIVACY POLICY applies only to content, use, data collection and privacy relating to the TURBOMECHANICA PLATFORM.

USERS' RIGHTS

USERS may have additional rights pursuant to their local law applicable to the processing.

PERSONAL DATA applicable to EU individuals may be subject to the EU Privacy Legislation and consequential to the CUSTOMERS' or USERS' Rights. All individual subject to the GDPR, are advised to read the below section pursuant to their Privacy Rights.

Under GDPR, as an EU individual, USERS have the right to:

Be informed about what happens to their PERSONAL DATA
Access their PERSONAL DATA
Update or correct their PERSONAL DATA
Erase their PERSONAL DATA (to be forgotten)
Object to direct marketing
Request to have their PERSONAL DATA deleted or restricted
Ask for portability of their PERSONAL DATA

The Right to be Informed and Access PERSONAL DATA

Upon request by a verified USER, MECHADEMY shall provide any information relating to USERS' PERSONAL DATA and MECHADEMY's processing of USERS' PERSONAL DATA in a concise, transparent, intelligible, and easily accessible from using clear and plain language.

The information shall be provided in writing or by other means, including, where appropriate, by electronic means within 30 days of a written request.

The Right to Update and Correct PERSONAL DATA

The USERS have the right to ask MECHADEMY to rectify any inaccurate or incomplete PERSONAL DATA on the TURBOMECHANICA PLATFORM.

If MECHADEMY has given USERS' PERSONAL DATA to any THIRD-PARTY, MECHADEMY will notify the THIRD-PARTY that MECHADEMY has received a request to rectify USERS' PERSONAL DATA, unless doing so proves impossible or involves disproportionate effort.

Such a THIRD-PARTY should also rectify the USERS' PERSONAL DATA they hold – however, MECHADEMY is not in a position to audit such a THIRD-PARTY to ensure that the rectification has occurred.

The Right to PERSONAL DATA

In some circumstances USERS may ask MECHADEMY to erase USERS' PERSONAL DATA stored on the TURBOMECHANICA PLATFORM.

If MECHADEMY receives such a request to erase USERS' PERSONAL DATA, MECHADEMY will keep a list of individuals who prefer to not be contacted in the future so that MECHADEMY does not contact such USERS with regard to any future correspondence (for a specified period or otherwise).

Third Party Usage of Data

If MECHADEMY has given USERS' PERSONAL DATA to any THIRD-PARTY, MECHADEMY will notify the THIRD-PARTY that MECHADEMY has received a request to erase USERS' PERSONAL DATA, unless doing so proves impossible or involves disproportionate effort.

Such a THIRD-PARTY should also rectify the USERS' PERSONAL DATA they hold – however, MECHADEMY is not in a position to audit such a THIRD-PARTY to ensure that the rectification has occurred

MECHADEMY may seek USERS' consent to process USERS' PERSONAL DATA (for example consent to receive marketing)

The USERS have the right to withdraw their consent at any time

Withdrawal of consent shall not affect the lawfulness of any processing carried out before such a withdrawal is received by MECHADEMY.

MECHADEMY may not be able to provide full functionalities of the TURBOMECHANICA PLATFORM or the PRODUCTS if the USERS withdraw their consent. A disclaimer to this effect shall be presented to the USERS at the time of processing the withdrawal of USERS' consent.

Accessing Account Information

Any PERSONAL DATA, which may contain personally identifiable information, shall be encrypted in transit and at rest.

USERS may request more information by sending an email to MECHADEMY at info@mechademy.com with subject "Query - GDPR Compliance"

CALIFORNIA ONLINE PRIVACY PROTECTION ACT

MECHADEMY does not share PERSONAL DATA about its CUSTOMERS or USERS with any THIRD-PARTY for the THIRD-PARTY's own marketing purposes.

California Civil Code Section 1798.83provides California residents the right to request from certain businesses with whom the California resident has an established business relationship a list of all THIRD-PARTIES to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes.

California law also affords California residents a right to opt out of the sale of your personal information. This right is applicable to the extent MECHADEMY is engaging in a sale of your personal information as defined under applicable law.

MECHADEMY is required to respond to such a request only once during any calendar year.

To exercise any rights available under California law, Users may email to MECHADEMY at info@mechademy.com with subject "Query - California Online Privacy Protection Act"

In the request, the USER is required to attest to the fact that the USER is a California resident and provide a current California address for MECHADEMY's response

Not all information sharing is covered by the California Privacy Rights requirements and only the information sharing that is covered will be included in MECHADEMY's response

More information on the California Act is available at: http://consumercal.org/california-online-privacyprotection-act-caloppa/#sthash.0FdRbT51.dpuf

If you choose to exercise your rights, MECHADEMY will not charge you different prices or provide different quality of services unless those difference are related to your personal information or otherwise permitted by law.

RIGHT TO LODGE A COMPLAINT

In case of a concern with regard to MECHADEMY's privacy laws or in case a USER is an EU individual and subject to the GDPR or in case a USER considers MECHADEMY's processing of their PERSONAL DATA to be non-compliant with the applicable data protection laws, the USER may lodge a complaint by sending an email to MECHADEMY at info@mechademy.com with subject "Query – Privacy Compliance".

Subject to the EU General Data Protection Regulation ("GDPR"), USER may also contact the Data Protection Authorities in the European Union for assistance using this link: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

DISCLOSURE OF INFORMATION

MECHADEMY does not sell the USERS' PERSONAL DATA.

MECHADEMY does not disclose USERS' PERSONAL DATA to any THIRD-PARTY outside the following exceptions:

If the USER explicitly consents to have their information shared
To comply with legal proceedings, laws, or other regulations
If MECHADEMY needs to investigate or otherwise take action regarding illegal activities or violations of MECHADEMY's terms, PRODUCTS, rights, or property
If a THIRD-PARTY requires access to USERS' PERSONAL DATA to facilitate the functionalities of the TURBOMECHANICA PLATFORM or the PRODUCTS.

DATA PROCESSING ADDENDUM

This Data Processing Addendum (this "DPA") states the rights and obligation of Mechademy and Customer concerning the protection of personal data and applies to personal data processing activities subject to GDPR (defined below).

1. DEFINITIONS

Capitalized terms used and not otherwise defined herein have the meaning given to them in the TURBOMECHANICA GENERAL TERMS AND CONDITIONS, TURBOMECHANICA PRIVACY POLICY and any PURCHASE AGREEMENT (collectively, the "AGREEMENT").

1.1. References to Personal Data, Data Subject, Data controller, Data Processor, Processing, or Personal Data Breach have the meanings ascribed to them under the Data Protection Legislation.

1.2. "Customer Personal Data" shall mean the Personal Data that is uploaded into the PRODUCTS or otherwise provided to MECHADEMY or its representatives pursuant to the delivery of PRODUCTS pursuant to a valid license or other agreement with the Customer.

1.3. "Data Protection Legislation" shall mean (i) the General Data Protection Regulation ((EU) 2016/679) ("GDPR") and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, and then (ii) any successor legislation to the GDPR.

1.4. "Standard Contractual Clauses" shall mean the standard contractual clauses for the transfer of Personal Data from the European Union to processors established in third countries (controller-to-processor transfers), as set out in the Annex to Commission Decision 2010/87/EU.

2. DATA PROTECTION

2.1. This DPA shall only apply to the extent the Data Protection Legislation applies to PRODUCTS and services rendered pursuant to the AGREEMENT. To the extent the Data Protection Legislation applies, then this DPA shall form a part of and become incorporated therein with the terms and conditions of the AGREEMENT.

2.2. Each PARTY shall comply with all applicable requirements of the Data Protection Legislation. This Section 2.2 is in addition to, and does not relieve, remove or replace, a PARTY's obligations under the Data Protection Legislation.

2.3. The PARTIES acknowledge that for the purposes of the Data Protection Legislation, the Customer is the Data Controller and MECHADEMY is the Data Processor. The following set out the details of the Data Processing to be undertaken by MECHADEMY.

Scope: Processing of the Customer Personal Data pursuant to delivery of the PRODUCTS.
Nature of processing: Transfer, storage and such other processing activities that are specified by the Customer pursuant to the PRODUCT terms and conditions.
Purpose of processing: The provision of PRODUCTS to the Customer.
Duration of the processing: The duration set forth in a valid agreement in place with the Customer unless otherwise required by law.
Types of Personal Data: The Customer Personal Data which may include but not be limited to Name, Email address, Phone number, Device ID (with data about the vendor, version & features of the device), IP address and/or Postal code.
Categories of Data Subject: The Customer's customers, employees, suppliers.

2.4. Without prejudice to the generality of Section 2.2, the Customer will ensure that it has a legal basis for processing, including all necessary and appropriate consents and notices, to enable the lawful transfer of the Personal Data to MECHADEMY for the duration and purposes of this AGREEMENT.

2.5. MECHADEMY shall process the Customer Personal Data only on the written instructions of the Customer (as detailed in Section 2.3 above) unless MECHADEMY is required by the laws of any member of the European Union or by the laws of the European Union applicable to MECHADEMY to process Personal Data ("Applicable Laws"), which shall be undertaken upon notice to the Customer (where permitted). Confirming acceptance to these terms shall constitute the Customer's written instructions for MECHADEMY to undertake the processing detailed in Section 2.3.

2.6. MECHADEMY shall ensure that it has in place appropriate technical and organizational measures, to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate and proportionate to the harm that might result from the same, having regard to the state of technological development and the cost of implementing any measures.

2.7. MECHADEMY shall, in relation to any Customer Personal Data processed, in connection with the performance by MECHADEMY of its obligations under this AGREEMENT:

2.7.1. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

2.7.2. not transfer any Personal Data outside of the European Economic Area unless the prior written authorization of the Customer has been obtained and the following conditions are fulfilled:

(a) The Customer or MECHADEMY has provided appropriate safeguards in relation to the transfer which shall include use of the Standard Contractual Clauses or confirmation that such transfer is made subject to the EU-US Privacy Shield (as applicable);
(b) The data subject has enforceable rights and effective legal remedies;
(c) MECHADEMY complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred;
(d) MECHADEMY complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data; and
(e) Taking into account the nature of the processing and the information available to MECHADEMY, assist the Customer, at the Customer's cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators, as applicable;

2.7.3. notify the Customer without undue delay on becoming aware of a Personal Data Breach;

2.7.4. at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the AGREEMENT unless required by Applicable Law to store the Personal Data; and

2.7.5. maintain complete and accurate records and information to demonstrate its compliance with this Section 2.7 and allow for audits by the Customer or the Customer's designated auditor.

2.8. The Customer consents to MECHADEMY appointing THIRD-PARTY processors of Personal Data under this AGREEMENT. MECHADEMY confirms that it has entered or (as the case may be) will enter with the THIRD-PARTY processor into a written agreement incorporating terms which are substantially similar to those set out in this DPA.

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