This Edraw Software End User License Agreement (Agreement or
License or EULA) is between the end user (hereinafter referred to as You or
Licensee), and SHENZHEN EDRAW SOFTWARE Co., LTD and its subsidiaries Vbroadcast
Limited and other related companies (collectively referred to as Edraw, or
Licensor), the developer and owner of the program and software (hereinafter
referred to as Licensed Software or Edraw Software or Software).
IMPORTANT: EDRAW'S PRIVACY POLICY EXPLAINS HOW WE COLLECT, TREAT
YOUR PERSONAL DATA AND PROTECT YOUR PRIVACY WHEN YOU USE OUR SOFTWARE AND
SERVICES. BY USING OUR SOFTWARE AND SERVICES, YOU AGREE THAT EDRAW CAN USE SUCH
DATA IN ACCORDANCE WITH OUR PRIVACY POLICY. YOU ALSO AGREE TO BE BOUND BY THE
PRIVACY POLICY OR PRIVACY NOTICE PUBLISHED BY EDRAW ON ITS WEBSITE. BY
DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION,
COLLECTIONS FROM EDRAW EFFECTS STORE (collectively "SOFTWARE"), YOU
ALSO AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.
Please read this agreement carefully before downloading or
installing the software. Top attention should be paid to such clauses including
but not limited to Article 3, 5, 14, 15, 16, 19. If you disagree with or have
any questions concerning this END USER LICENSE AGREEMENT (EULA), please contact
Edraw. Any installing, copying, accessing, or using the Licensed Software by
you (the "Licensee") constitutes an acceptance of, and a promise to
comply with, all the terms and conditions of this EULA
TERMS AND CONDITIONS:
1. LICENSED SOFTWARE
The "Licensed Software" includes all of the contents of
the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is
provided, including but not limited to: third party computer information or
software that the Licensor has licensed for inclusion in the Licensed Software;
written materials or files relating to the Licensed Software
("Documentation"); fonts; modified versions, updates, additions, and
copies of the Licensed Software, if any. The "Licensed Software" also
includes online Software.
2.
GRANT OF THE LICENSE
Subject to the terms and conditions of this Agreement and your
payment of the license fee, Edraw hereby grants you the limited, revocable,
personal, non-exclusive, and non-transferable right to download, install and
activate the Software on specified number of devices solely for your personal,
private and non-commercial use, except as otherwise provided in this Agreement
or additional EULA. Sharing the Software with others, or allowing others to
view the contents of this Software, is in violation of the License. You may not
make the Software available over a network, or in any way provide the Software
to multiple users, unless you have purchased a multi-user license from Edraw in
advance. Edraw reserves all rights not expressly granted to You in this
Agreement.
If you are a business entity, you shall purchase a license for
business entity, and the license you are granted is a limited, revocable ,
non-exclusive, and non-transferable license. Not all of our software have a
license for business entity.
For the software which doesn’t have a license for business entity,
or is not expressly allowed for commercial use, please do not use it for any
commercial purpose.
During your use of the Software, you must comply with the allowed
uses and use limitations and restrictions published by Edraw on our websites.
Any breach by you may cause legal liability.
3.
LICENSE RESTRICTIONS
.
3.1 Licensee may not and agrees not to or enable others to modify,
adapt, translate, sublicense, rent, lease, or loan all or any portion of the
Licensed Software or Documentation; and
.
3.2 Licensee may access and use the contents in the Software
including but not limited to built in templates, built in images, built in
effects(collectively referred to as “Contents”) for your information and
personal/internal use solely as intended through the provided functionality of
the Software and as permitted under this Agreement; and
.
3.3 Licensee may not and agrees not to or enable others to create
any derivative works from all or any portion of the Licensed Software or
Documentation; and Licensee may not reverse engineer, extract, decompile,
disassemble, or otherwise attempt to discover the source code of the Licensed
Software; and
.
3.4 Licensee may not and agrees not to or enable others to use a
previous version of the Licensed Software after receiving a media replacement
or upgraded version as a replacement to a prior version (in such case Licensee
must destroy the prior version); and
.
3.5 Licensee may not and agrees not to or enable others to use the
Licensed Software in the operation of any business, aircraft, ship, nuclear
facilities, life support machines, communication systems, or any other
equipment in which the failure of the software could lead to personal injury,
death, or environmental damage; and
.
3.6 Licensee may not and agrees not to or enable others to remove
or obscure Licensor's copyright or trademark notices, or the copyright and
trademark notices of any third parties that Licensor has included in the
Licensed Software or Documentation; and
.
3.7 Licensee may not and agrees not to or enable others to use the
Licensed Software to host applications for third parties, as part of a facility
management, timesharing, service provider, or service bureau arrangement; and
.
3.8 Licensee may not install the Licensed Software on other
devices after the Licensed Software has been installed on one device without
Licensor's prior consent; and
.
3.9 Licensee may not use the Contents built in the Software in any
way that allow others to download, extract, or redistribute the Contents as a
standalone file (meaning just the content itself); and
.
3.10 Licensee may not use the Contents built in the Software in
electronic or digital templates intended for resale or other distribution; and
.
3.11 Licensee may not export the Contents built in the Software or
distribute the Contents; and
.
3.12 Licensee may not and agrees not to or enable others to use
the Licensed Software in any manner that is illegal or not authorized by this
EULA.
4.
INSTALLATION
Licensee can only install one copy of the Licensed Software on an
allowed number of devices. The Licensee must be the primary user of the device
on which the Licensed Software is installed. This Agreement shall apply to all
installations of the Licensed Software. Licensee shall be solely responsible
for all expenses incurred in Licensee's installation and use of the Licensed
Software.
5.
SOFTWARE IMPROVEMENT PROGRAM
Edraw is committed to helping protect your privacy at all times
except as otherwise provided in this Agreement. This statement explains the
anonymous data collection process and usage practices for the Software
Improvement Program of Edraw.
In order to provide and improve the software, its features, and
user's experience, we will automatically collect, maintain process and use
information concerning the way the various modules and functionalities of Edraw
software are being used. Information is also gathered anonymously for the
purpose of statistical analysis about Software usage.
We will only use such information for the purpose of providing end
users with the best possible software experience. The collected data will not
be disclosed, shared, sold, traded or rented to any third parties for marketing
purposes. For users who do not wish to enable this service, you may opt-out in
the advanced options menu during the installation process.
6.
ACTIVATION
The Licensed Software contains technological measures that are
designed to prevent its unlicensed or illegal use. The Licensed Software may
contain enforcement technology that limits Licensee's ability to install and
uninstall the Licensed Software on a machine to no more than a finite number of
times, for a finite number of devices and for a defined period in time
designated by the purchased License. The Licensed Software may require
activation during installation and in the Documentation. If any of such
applicable activation procedure(s) is not followed, the Licensed Software may
only operate for a finite period of time. If activation is required, but the
Licensee doesn't complete activation within the finite period of time set forth
in the Documentation or explained during installation, the Licensed Software
will cease to function until activation has been completed, by which time
functionality will be restored. If Licensee has any problem with the activation
process, Licensee may contact the Licensor customer service for support.
7.
EVALUATION COPY
Licensee may be granted an evaluation copy of the Licensed
Software free of charge for a finite period of time (the "Evaluation
Copy"). Certain features and/or functionality of the Licensed Software may
be locked or unavailable in the Evaluation Copy. In order to benefit from all
features and functionality of the Licensed Software, Licensee have to purchase
a valid license activation key. From the moment that Licensee activates
Licensed Software with a valid license key, the Evaluation Copy shall cease
from being considered an Evaluation Copy and all the terms of this Agreement
shall commence to apply in their entirety.
8.
TERM
There are several kinds of License which Licensee may choose to
purchase. If the Licensee choose to purchase a lifetime license, you may use it
until terminated. If you choose to purchase a license for a specific period of
time, you can only use it during the specific period. You may terminate the
license at any time by destroying the Software, together with all copies
thereof. The License will be terminated automatically or otherwise cease to be
effective if you fail to comply with any term(s) or condition(s) of this
Agreement. You shall destroy and cease using the Software, together with all
copies thereof immediately after the termination of the License.
9.
LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license,
redistribute or transfer the Licensed Software or the License granted by this
EULA without prior written consent of the Licensor.
10.
SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates and/or Content
Updates from time to time at no charge during the Term of this Agreement. The
Licensor may, at its sole discretion, decide if Licensee can get Software
Updates and/or Content Updates free of charge or the Licensee has to pay for
the Updates. For the purposes hereof, "Update" means a new version of
the Licensed Software containing technical modifications, updated information,
altered functionality, or any other changes that are intended by Licensor to
improve or to add, delete or otherwise modify any aspect of the Licensed
Software. "Content Update" shall mean an update of the content used
by the Licensed Software that might need to be updated from time to time. If
the Licensed Software is an Update to a previous version, Licensee must possess
a valid License to the previous version. Any update provided by the Licensor to
Licensee is made on a License exchange basis such that Licensee agrees, as a
precondition for receiving an Update, that Licensee will terminate all of
Licensee's rights to use any previous version of the Licensed Software.
However, Licensee may continue to use the previous version only to assist in
transitioning to the Updated version. Once an Update has been released, the
Licensor may cease service or support for prior versions, without any notice to
Licensee. Software Updates and/or Content Updates may be provided via the
Licensed Software or on the Licensor websites. This License does not permit
Licensee to obtain and use a Software Upgrade and/or a new Licensed Software
version. The Licensed Software may require Content Updates in order to work
effectively. The Licensor may add new functions, music track, elements,
pictures, videos, or delete original functions, music track, elements,
pictures, and videos in the Update Software or Upgrade Software.
11.
INTELLECTUAL PROPERTY OWNERSHIP
The Licensed Software and any authorized copies that Licensee
makes are the intellectual property of, and are owned by, the Licensor, and by
third parties whose intellectual property has been licensed to the Licensor.
The structure, organization, and code of the Licensed Software are the valuable
trade secrets and confidential information of the Licensor and such third
parties. ” The Licensed Software is protected by law, including without
limitation, the copyright laws of the People's Republic of China and the United
States and other countries, and by international treaty provisions. Except as
expressly provided in this EULA, Licensee is not granted any intellectual
property rights over the Licensed Software. Licensee may not make or publish
any public statement concerning the Licensed Software or the Licensor without
the prior express written consent of the Licensor.
The Licensee can develop plug-ins properly based on the open
interface protocol of the Licensed Software and use them in the licensed
software based on licensee's individual legitimate needs，but firstly licensee must obtain explicit and prior written
authorization from Licensor. If Licensee fails to get the aforementioned
authorization, all the legal liabilities, including but not limited to any loss
of or damage to any third party will be solely born by Licensee.
12.
SUPPORT
The Licensor is not obligated by this EULA to provide Licensee
with any technical support services relating to the Licensed Software; however,
Licensee may request additional support services for an additional charge or
get free e-mail support as the Licensor may offer from time to time during the
term of this EULA. E-mail support includes business priority technical
assistance for installation and troubleshooting, and upgrade and maintenance
coverage.
13.
TERMINATION BY Edraw
Subject to the terms and conditions stipulated in Article 8, Edraw
shall be entitled to terminate this EULA immediately upon serving written
notice on the Licensee in the following circumstances: if Licensee commits a
material breach of any of its obligations under this EULA which is not capable
of remedy or if Licensee commits a material breach of any of its obligations
under this EULA which is not remedied within fifteen (15) calendar days after
receipt of a notice from Edraw. Termination of this EULA shall not affect any
rights, obligations or liabilities of either party which have accrued before
termination or which are intended to continue to have effect after termination.
14.
NO WARRANTY ON LICENSED SOFTWARE
THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE "AS IS."
THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO
WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR
AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS
OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO
ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE
EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
SOME FUNCTIONS OF THE LICENSED SOFTWARE (HEREINAFTER REFERRED TO
AS “RESTRICTED FUNCTIONS”) ARE ONLY SUPPORTED BY USING THE THIRD PARTY PLUG-INS
WHICH HAVE BEEN INSTALLED ON YOUR DEVICE. YOU AGREE THAT IT IS YOU, NOT
LICENSOR, WHO ARE USING THE THIRD PARTY PLUG-INS. YOU SHALL NOT USE THE
RESTRICTED FUNCTIONS OF THE LICENSED SOFTWARE UNLESS YOU HAVE GOT PROPER
AUTHORITY TO USE THE THIRD PARTY PLUG-INS. FURTHERMORE, ALL THE
RESPONSIBILITIES OF USING SUCH THIRD PARTY PLUG-INS WILL BE SOLELY BORNE BY
YOU.
YOU EXPRESSSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED
BY APPLICABLE LAW, USE OF EDRAW SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY EDRAW OR AN AUTHORIZED REPRESENTATIVE
SHALL CREAT WARRANTY.
THE SOFTWARE MAY CONTAIN "OPEN SOURCE" MATERIALS (E.G.,
ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE,
LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE,
BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT,
APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). EDRAW MAKES NO
WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
THESE EULA'S PROVISIONS ON RESTRISTION OF LIABILITY SHALL APPLY.
15.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS
EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR
FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY
LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF
THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS,
DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE
LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE
LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS
EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE LICENSED SOFTWARE,
IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL
CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH EDRAW MAY BE LIABLE, THE
LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE
SOFTWARE UPON RECEIVING THE COMPANY'S WRITTEN NOTICE (INCLUDING BY EMAIL),
EDRAW MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE
FREE OF CHARGE. IN SUCH CIRCUMSTANCE, EDRAW SHALL NOT BEAR OTHER LIABILITIES TO
YOU.
16.
INDEMNIFICATION
LICENSEE WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND
ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES
(INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR
IMPROPER USES OF THE LICENSED SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS
UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS
AGREEMENT.
17.
END-USER GENERATED CONTENT
The Licensed Software enables the Licensee to enter content that
will be stored on the device on which the Licensed Software is installed (such
content shall be referred to herein as the "End-User Generated
Content"). Licensee is solely responsible for Licensee's use, storage and
disclosure of the End-User Generated Content. Licensee may only use the
End-User Generated Content responsibly, in a manner consistent with the
exercise of good judgment. The Licensed Software may permit the Licensee to
enter, copy, edit Content that constitutes non-public personal information of
individuals other than the Licensee; the Licensee shall not use, store or
disclose any such information without the express consent of the individuals to
whom it relates. If Licensee is having difficulty deciding whether Licensee's
intended use is appropriate, or whether Licensee needs written permission, or
whether other legal issues should be considered, the Licensor strongly
encourages Licensee to seek competent legal counsel. The Licensor will not
assist Licensee in making this determination, nor can the Licensor provide
Licensee with legal advice as to intellectual property rights or privacy laws.
Licensee may only use End-User Generated Content which belongs to
Licensee and will not violate the rights of others therein. The Licensor will
not edit or monitor any and all Content; Licensee therefore assumes exclusive
responsibility for the monitoring thereof. Licensee may not use the Licensed
Software in conjunction with content that is illegal, obscene, indecent,
defamatory, incites racial or ethnic hatred or violates the rights of others,
or is in any other way objectionable.
Licensee is responsible for independently verifying the accuracy
and completeness of Licensee's contents (e.g. any technical illustrations or
diagrams for operation guides, parts catalogs, schematics, writing diagrams,
assembly instructions, maintenance manuals, architectural presentations or
other materials You create and/or modify using Our Software).
If Licensee or Licensee's attorney determines that Licensee is
required by law to obtain written permission to use portions of the End-User
Generated Content, Licensee must request permission for reproduction,
redistribution, or modification of the Content from the appropriate owner of
the subject materials (as may be cited in the Licensed Software). If, on the
other hand, Licensee or Licensee's attorney determines it is permissible to
proceed and include End-user Generated Content from the Licensed Software, the
Licensor asks Licensee to correctly designate the Licensor trademark(s) when
referring to the Licensed software in the notice or copyright portion of
Licensee's paper, project, or product. Licensee shall indemnity, hold harmless,
and defend the Licensor and the Licensor suppliers from all claims, damages,
attorneys' fees, costs, and lawsuits that arise from, or result from,
Licensee's use or distribution of any and all Content and its use of the
Licensed Software.
18.
EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed
software to any countries or territories sanctioned by the United Nations or
the USA. By using the licensed software, you represent and warrant that you are
not located in any such countries.
19.
LICENSEE PUBLICITY RIGHTS
During the term of this EULA, Licensee grants Licensor the right
to include Licensee as a customer in software promotional material.
Licensee can deny Licensor this right by submitting a written
request via email to support@edrawsoft.com and requesting to be excluded from
software promotional material. Confirmation of such denial (via reply email)
must be received prior to purchasing for this exclusion to be effective.
Should the Licensee come to be or already be included in product
promotional material, as a result of any prior purchases where the Licensee did
not request exclusion from product promotional material, the Licensee can at
any point in time, submit a written request via email to support@edrawsoft.com
to have Edraw remove the Licensee's name and other information from product
promotional material. Upon receipt of such request, Edraw will remove any
reference to the Licensee from such promotional material within 30 days and
make no further reference to the Licensee.
20.
GOVERNING LAW AND DISPUTE RESOLUTION
This agreement will be governed by the laws of the People's
Republic of China without giving effect to the conflict of laws. Any disputes
arising out of or in connection with this agreement shall be settled by the
Shenzhen Court of International Arbitration in according with its effective
rules to the extent not prohibited by local law in your jurisdiction.
ACKNOWLEDGMENT
BY INSTALLING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT TOGETHER WITH ALL OTHER
OPERATING RULES, POLICIES (INCLUDING, WITHOUT LIMITATION, EDRAW'S PRIVACY
POLICY) AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME BY EDRAW RELATED
TO THE SOFTWARE (WHICH SHALL BE INCORPORATED HEREIN BY REFERENCE) ARE THE
COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND
SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.
1. Data controller and representative
Through our Websites (the “Websites”) and desktop applications and
mobile applications (the “Applications” or “Products”), Edraw and its
affiliated entities (collectively, "Edraw", "us," or
"we") implement the processing of personal data listed below. Edraw
is committed to protecting your privacy. We understand that the security of
your personal information is important. We provide reasonable administrative,
technical, and physical security controls to protect your personal information.
The data controller is SHENZHEN EDRAW SOFTWARE Co., LTD and its
affiliated companies, 3/F, Block D, 5th Building, Shenzhen Software Industrial
Base, Haitian 2nd Rd,Nanshan District, Shenzhen, Guangdong, China.
Privacy-related questions can be directed to support@edrawsoft.com.
Edraw has appointed an EU representative in accordance with the
Regulation No. 2016/679 on the protection of natural persons with regard to the
processing of personal data (the “GDPR”). You can contact the designated EU
representative of Edraw by reaching gdpr.m@wondershare.de.
Please read carefully the following privacy policy which provides
you, as the User of the Websites and/or Applications (the “User” or “You”),
with the relevant information regarding the various processing of personal data
implemented by Edraw.
2. Data processing implemented by Edraw
2.1 Processing of personal data related to your visit to our
website and the purchase and use of our products
When the User visits to our Websites, or purchases a Edraw product
through the Websites or the Application, or use our products, Edraw implements
a processing of personal data as follows:
2.1.1 Data we collect if you visit our Websites
- information about how you visit our Websites (including the
webpage that led you to a Edraw Websites, the search terms entered into a
search engine which led you to a Edraw Websites);
- Your operations and clicks to our Websites;
- Date and time of the visit and the duration of use of the Websites.
2.1.2 Data we collect only if you submit it to us
- Name;
- Gender;
- Age;
- Image;
- Email address;
- Address;
- Country;
- Postal code;
- Phone number;
- Company name and industry you work for;
- Payment information such as Credit card information/debit card information or
other payment/billing information;
- Your account data;
- Content of customer support communications.
2.1.3 Data we collect if you use our Products
We have different kinds of products and different products may
collect different data. Generally, we may collect below data if you use our
products.
- your product serial number;
- We collect information about the products which you use and how you use them,
including but not limited to Launch data, Feature usage, Page clicks, Sign-in
information;
- Your local device information, including but not limited to your device
information, device hardware, operating system, other software on your system,
Username, your Edraw ID, location, IP address, operating log information, the
size and format of the files you are working with;
- Crash data and the information of the files you are working with. If the User
meets with a crash problem, we will enquire if the User agrees to send the
original document to Edraw. Only if the User agrees to send Edraw the original
document, Edraw can have access to the original document;
- Documents and files you submit and store on our cloud storage system.
2.1.4 Purpose and legal basis of the processing
Edraw uses the information we collect about you for the following
purposes:
For Edraw to provide the User with the ordered product(s);
For the performance of a contract to which the User is party, in accordance
with Article 6.1.b of the GDPR and the collected data are necessary for Edraw
to identify and bill the User and to charge its bank card number;
For providing customer service or support;
For verifying your identity and anti-piracy purposes;
For Internal statistical and analytical purposes. Analyze your use of our
Websites and products to better understand how they are being used so we can
improve our services and the User experience and engage and retain Users;
For the charge back management purpose;
In order to show you ads for Edraw products and services that we think may
interest you.
2.1.5 Recipients of the personal data
We treat your personal data with care and confidentially and will
only pass it on to third parties to the extent described below and not beyond.
We do not share, sell, rent, or trade personal data with third parties for
their promotional purposes.
- Affiliated Companies: Edraw is a global company, with
subsidiaries worldwide. We share data with our subsidiaries in the ordinary
course of our business.
- Service Providers: We may share your personal information with companies that
help us to run our business by processing personal information on behalf of us
for the purposes identified above. Such companies include payment processing
companies which can help us process transactions, the parties providing our
third-party cookies and tracking tools which may send tracking data or analysis
report and to Edraw，email delivery service providers which can help us deliver
promotion emails to you, server companies we hire to provide service to you,
charge back management service providers, fraud monitoring and prevention
providers, social medias, third party online forums, and other marketing
platforms and service providers.
In addition, Edraw may disclose the User's personal data:
- Public Authorities: if Edraw is under a duty to disclose or share such
personal data in order to comply with any legal obligation, or in order to
protect the rights, property or safety of its business, its customers or
others; and
- Business Transactions: to successors in title or replacement operators of all
or part of Edraw's respective businesses.
2.1.6 Transfer of personal data
The collected personal data may be transferred by Edraw to
recipients which are located outside the EU and such destinations may not have
laws which protect the User's personal data to the same extent as in the EU.
Edraw ensures that the User's personal data processed by Edraw or
by its suppliers and partners operating outside the EU are treated securely and
are protected against unauthorized access, loss or destruction, unlawful
processing and any processing which is inconsistent with the purposes set out
in this privacy policy.
Please find below the relevant information on transfer:
- Edraw may transfer your payment information to payment processing companies
outside the EU to process transactions;
- Edraw may use third party cookies and tracking tools (such as AdWords, Bing,
bugsplat, Criteo, disqus, fabric, Facebook, FireBase, Flurry, Google Analytics,
Hotjar, LinkedIn, Pardot, Quora) to track the information on how Users use the
Websites and products, such Websites usage data and product usage data may be
sent to and stored in third party servers located outside the EU. Such
third-party cookies and tracking tools may send the tracking data or analysis
report to Edraw for our above-mentioned purpose. Most of the third-party
cookies and tracking tools process your personal data anonymously;
- Edraw may transfer your email address and other necessary information such as
your name to email delivery service providers outside the EU to deliver
promotion emails to you;
- Edraw may store the personal data on the servers leased from server service
providers;
- Edraw may transfer your relevant personal information to marketing platforms
and service providers outside the EU to complete relevant service;
- Edraw may transfer your relevant personal information to fraud monitoring and
prevention providers outside the EU to complete relevant service.
2.1.7 Duration of the storage
Edraw will store the collected personal data for the duration
necessary for the fulfilment of our contractual or legal obligations and 60
days after the termination of the contract. Beyond this duration, in order for
Edraw to be able to demonstrate the existence of a right or a contract or a
legal obligation, the relevant personal data will be stored through
intermediary archives for a duration that will not exceed what is strictly
necessary regarding the purpose of the storage and in accordance with the
applicable legislation.
Regarding banking information, said information will be deleted
once the payment has been processed and has become effective. Withdrawal time
period could additionally apply. The number and the expiration date of the
credit card number (not the CVV security code) could be stored through
intermediary archives for evidence purposes in case of a claim regarding the
payment, for the duration provided by applicable legislation.
2.2 Processing of personal data related to comments areas
When the User decides to comment a Edraw product through the
Websites or the Applications, Edraw implements a processing of personal data as
follows:
2.2.1 Personal data we collect only if you submit it to us
Regarding this processing, Edraw collects the following personal
data:
- Email address;
- Name or nickname;
- profile photo;
- Other potential personal information provided by the User through its comment
(age, location, etc.);
- The content of your comment.
2.2.2 Purpose and legal basis of the processing
This processing is implemented by Edraw in order to improve its
products and provide the consumers and potential consumers with a better and
transparent information about the Edraw products. Said comments and the related
personal data are provided by the User on a voluntary basis so that the
processing of the collected personal data relies on the User's consent.
Edraw may use the comments (with your relevant information) you post for
marketing purpose in order for others to better understand and use our
products.
2.2.3 Recipients of the personal data
We treat your personal data with care and confidentially and will
only pass it on to third parties to the extent described below and not beyond.
We do not share, sell, rent, or trade personal data with third parties for any
promotional purposes.
- Affiliated Companies: Edraw is a global company, with
subsidiaries worldwide, including in China, Canada, Japan, Hongkong. We share
data with our subsidiaries in the ordinary course of our business.
- Service Providers: We may share your personal information with companies that
help us to run our business by processing personal information on behalf of us
for the purposes identified above. Such companies include email delivery
service providers which can help us deliver promotion emails to you, server
companies we hire to provide service to you, social medias, third party online
forums, and other marketing platforms and service providers.
2.2.4 Transfer of personal data
The collected personal data are transferred by Edraw to recipients
which are located outside the EU and such destinations may not have laws which
protect the User's personal data to the same extent as in the EU.
Edraw ensures that the User's personal data processed by Edraw or
by its suppliers and partners operating outside the EU are treated securely and
are protected against unauthorized access, loss or destruction, unlawful
processing and any processing which is inconsistent with the purposes set out
in this privacy policy.
Please find below the relevant information on transfer:
- Edraw may transfer your email address and other necessary
information such as your name to third party email delivery service providers
outside the EU to deliver promotion emails to you;
- Edraw may store your comments on the servers leased from server service
providers;
- Edraw may also transfer the personal data related to your comments to social
medias, third party online forums, other marketing platforms and service
providers outside the EU to complete relevant service.
2.2.5 Duration of the storage
Edraw will store the collected personal data for not more than 5
years after the collection.
2.3 Processing of personal data related to newsletters and
advertising emails
The User may want to subscribe to Edraw's newsletters in order to
be provided with information and news regarding Edraw news and products. In
this case, Edraw implements a processing of personal data as follows:
2.3.1 Personal data collected
Regarding this processing, Edraw only collects your provided
information such as the User's email address, name or nickname, country,
preferred product, and your operation to the promotion emails.
2.3.2 Purpose and legal basis of the processing
Edraw implements the processing of personal data in order to
provide consumers and potential consumers with information and news regarding
Edraw products.
The subscription to Edraw's newsletters and the related provision of personal
data is made on a voluntary basis so that the processing of the collected
personal data relies on the User's consent.
2.3.3 Recipients of the personal data
We treat your personal data with care and confidentially and will
only pass it on to third parties to the extent described below and not beyond.
We do not share, sell, rent, or trade personal data with third parties for any
promotional purposes.
- Affiliated Companies: Edraw is a global company, with subsidiaries worldwide,
including in China, Canada, Japan, Hongkong. We share data with our
subsidiaries in the ordinary course of our business.
- Service Providers: We may share your personal information with companies that
help us to run our business by processing personal information on behalf of us
for the purposes identified above. Such companies include email delivery
service providers which can help us deliver promotion emails to you, server
companies we hire to provide service to you, the parties providing our
third-party cookies and tracking tools.
2.3.4 Transfer of personal data
The collected personal data are transferred by Edraw to recipients
which are located outside the European Union and such destinations may not have
laws which protect the User's personal data to the same extent as in the
European Union.
Edraw ensures that the User's personal data processed by Edraw or
by its suppliers and partners operating outside the European Union are treated
securely and are protected against unauthorized access, loss or destruction,
unlawful processing and any processing which is inconsistent with the purposes
set out in this privacy policy.
Please find below the relevant information on transfer:
- Edraw may transfer your email address and other necessary
information such as your name to email delivery service providers outside the
EU to deliver newsletters and promotion emails to you;
- Edraw may store the personal data on the servers leased from server service
providers;
- Edraw may use third party cookies and track tools (such as Google Analytics)
to track the information on the User's operation to the advertising emails,
such data will be sent to and stored in third party servers outside the EU.
2.3.5 Duration of the storage
Edraw will store the collected personal data for 3 years from
their collection or from the last contact from the User (whichever is later).
At the end of this 3 years time period, Edraw may contact the User in order to
know if the User wishes to keep receiving commercial information from Edraw. In
case Edraw would not receive any positive and explicit answer from the User,
the personal data would be deleted or archived in accordance with the
applicable legislation.
2.4 Cookies and tracking tools
Edraw implements a number of industry standard
information-tracking tools to collect information about your use with our
Websites and Applications. When the User consults the Websites and/or the
Applications, Edraw implements cookies on the User's device. The third-party
tracking tools are listed as blow, but it doesn't necessarily mean each of our
Websites or Products use all the tracking tools listed below.
|
No. |
Name of third-party tracking
tools |
Data collected by tracking
tools |
Purpose of data collection |
Used on Website or product |
|
1 |
Adwords, Bing, Criteo, Facebook, LinkedIn, Quora |
Website usage data |
targeting and advertising purpose |
Website |
|
2 |
fabric,FireBase,Flurry |
local device data |
better understand how the products work and crash
and make improvements. |
product |
|
3 |
Google Analytics |
Website usage data |
better understand how the Website and product work,
and make improvements |
Website |
|
4 |
bugsplat |
crash data |
better understand how the product crash, and make
improvements |
product |
|
5 |
disqus |
User's comments to Product and Website |
better display and manage User's comments |
Website |
|
6 |
Hotjar |
Website usage data |
better understand how the Websites work and make
improvements |
Website |
|
7 |
Pardot |
Inquiry information and other data submitted by the
User. |
In order for Edraw to contact Users to follow up the
inquiry. |
Website |
For additional information on cookies and tracking tools, please
read Edraw's cookies policy
3. User's rights
To the extent required by the law of your jurisdiction, you may
have below rights. Before you exercise below rights, you may consult your legal
counsel if the laws of your jurisdiction stipulate below rights. Residents in
the EU have below rights according to GDPR.
|
Rights |
Content |
|
The right to be informed |
The User has the right to be provided with clear,
transparent and easily understandable information about how Edraw collects
and uses personal data and its rights. This is the reason why Edraw is
providing the User with the information in this privacy policy. |
|
The right of access |
The User has the right to obtain access to its
personal data (if Edraw is processing it), and other certain information
(similar to that provided in this privacy policy). |
|
The right to rectification |
The User is entitled to have its personal data corrected
if it's inaccurate or incomplete. |
|
The right to erasure |
This ‘the right to be
forgotten' enables the User to request the deletion or removal of its
personal data where there's no compelling reason for Edraw to keep using it.
This is not a general right to erasure; there are exceptions. |
|
The right to restrict processing |
Under certain circumstances, the User has the rights
to ‘block' or suppress further use of its personal data. |
|
The right to data portability |
The User has the rights to receive its personal data
provided to Edraw in a structured, commonly used and machine readable format
and has the right to transmit those data to another controller. |
|
The right to object to processing |
The User has the right to object, on grounds
relating to its particular situation, at any time, to the processing of its
personal data. |
|
The right to lodge a complaint |
The User has the right to lodge a complaint about
the way Edraw handles or processes its personal data with its national
supervisory authority (in France, the CNIL). |
|
The right to withdraw consent |
If the user has given its consent for a specific
processing of its personal data implemented by Edraw, the User has the right
to withdraw its consent at any time. In case the User does so, it does not
mean that anything Edraw has done with the User's personal data with its
consent up to that point is unlawful). |
|
The right to define instructions |
The User has the right to define general or specific
instructions regarding storage, deletion and use of its personal data after
death. |
However, to register with Edraw, to create an Edraw account, and
to use some Edraw Websites, products or services, the provision of some
information such as the email address is mandatory: if relevant information is
not provided, then we will not be able to administer an Edraw account to you,
or provide you with the Websites, products or services requested. All other
provision of your information is optional. Providing optional information will
help us offer you a better experience, such as more personalized or tailored
content or offerings.
4. Revision of this Privacy Policy
Occasionally, we may change this privacy policy (or other
documents related to privacy policy) to allow Edraw to use or share your
personal data in a different way. If we do, the links to the policy on our
Websites (which are generally found in the footer of the Websites) will
indicate that the policy has been changed. For new Users, the change will
become effective upon posting. For existing Users, if the change is
significant, it will become effective 30 days after posting. We encourage you
to periodically review the privacy policy for the latest information on our
privacy practices.
5. Contacting Edraw
If the User needs to contact Edraw for any reason (including to
exercise any of its rights in relation to data protection as set out above)
please contact support@edrawsoft.com.
Edraw will act on the User's requests and provide information free of charge,
except where the requests are manifestly unfounded or excessive (in particular
because of their repetitive nature) in which case Edraw may charge a reasonable
fee (taking into account the administrative costs of providing the information
or communication, or taking the action requested), or refuse to act on the
request.