Privacy Policy regarding the BIMobject Cloud

The effective date of this Privacy Policy shall be 25 May 2018 (the “Effective Date”)

Due to new Data Protection Laws (the GDPR) our Users must read the Cross-Border Transfer Advisory Memorandum and indicate their explicit consent to cross-border transfers on the Cross-Border Transfer Consent Form.

INTRODUCTION

We BIMobject AB and our affiliated companies (hereinafter referred to as ‘BIMobject’) operate the BIMobject Cloud defined hereunder.

Reference to “we”, “us” or “our” shall, unless stated otherwise, mean BIMobject.

At BIMobject we not only take the protection of your right to privacy and your Personal Data very seriously, but we strive to make it our priority. We have therefore written this updated privacy policy (the “Privacy Policy”) reflecting changes in Data Protection Laws.

This Privacy Policy explains how we collect, use, store, disclose and share Information including your Personal Data when you access and use the BIMobject Cloud and the Services. It also tells you what choices and rights you have in respect of your Personal Data.

We want to be transparent with you about what we do so that you have the information you need to make informed decisions when visiting the BIMobject Cloud and when accessing and using our Services.

Defined terms in this Privacy Policy have the same meaning as in the Terms unless we say otherwise.

To make our Privacy Policy clearer and more understandable we have organised it into the sections listed in the Table of Contents below.

TABLE OF CONTENTS

APPLICABILITY OF THIS PRIVACY POLICY

This Privacy Policy which includes the Cookies Policy and the Cross-Border Transfer Consent Form (and the associated Cross-Border Transfer Advisory Memorandum) applies to your use of the Services.

This Privacy Policy applies in full to all our Users and where applicable to visitors to the BIMobject Cloud.

This Privacy Policy does not apply to any Third-Party Applications or software that integrate with the Services through the BIMobject Cloud (“Third-Party Services”) or any other third-party products, services or businesses.

In addition, and for the avoidance of any doubt, the Customer Contract governs access to, delivery and use of the Customer Services. Customer’s processing of Customer Data may be subject in whole or in part to Customer’s own terms of use and privacy policy as the case may be.

WHAT IS INFORMATION AND WHAT IS PERSONAL DATA?

To the extent Information is associated with an identified or identifiable living natural person and is protected as personal data under applicable Data Protection Laws, it is referred to in this Privacy Policy as “Personal Data”.

“Information” is a general term which includes reference to Personal Data and non-personal data.

Personal Data does not include information which is aggregated or de-identified, so it is no longer reasonably associated with an identified or identifiable natural person. BIMobject may therefore use such non-personal data for any business purpose.

YOUR ACCEPTANCE OF AND AGREEMENT TO THIS PRIVACY POLICY

We remind you that your use (continued or otherwise) of the BIMobject Cloud and any use of the Services on or after the Effective date means that you fully accept this Privacy Policy and that you agree to the collection, use, sharing, storage, transfer and other processing of your Information including your Personal Data as described in same. If you register, or have registered, a User Account on the BIMobject Cloud you are further aware, acknowledge and agree that this Privacy Policy is expressly incorporated, by reference, in the Terms.

We therefore encourage you to read through all parts of this Privacy Policy, (including the Cookies Policy and the Cross-Border Transfers Memorandum) carefully.

We value you and want you to enjoy the BIMobject Cloud, however, if you are in any way not happy with any aspect of this Privacy Policy please do not access or use the Services.

CHANGES TO THIS PRIVACY POLICY

We may at any time modify or amend this Privacy Policy. If we make material changes to this Privacy Policy or changes which impact your rights or choices regarding your Information including your Personal Data, we will inform you through our website, so you can see what changes are proposed. If you object to the changes, you are free to close your account, however if you continue to use the Services after we publish or otherwise inform you about any changes, that means that you agree to the full terms of the updated Privacy Policy.

WHAT INFORMATION DO WE COLLECT?

General

We may collect and receive Information including your Personal Data, in several ways, depending on the circumstances and the Service(s) you are using.

It is important to note that it is of course not compulsory to provide your Personal Data, but if you do not, you will not be able to create a User Account on the BIMobject Cloud or use the Services.

Sensitive Personal Data

It is also important to note that we do not ask you to provide data relative to your race, ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual orientation or criminal record (“Sensitive Personal Data”). If for any reason you should post or include such Information when registering for our using our Services, it is important that you know that it will be visible to others in the same way as Information you provide which is not Sensitive Personal Data.

Information we collect

Registration of a User Account: When you register an account on the BIMobject Cloud you will be requested to provide certain mandatory Information, for example:

In addition, you have an option to provide

Please note that Information you are requested or otherwise able to provide when registering an account may change from time to time.

Newsletter, survey or marketing information: When signing up for our newsletter, responding to a survey or marketing communication you will also be requested to provide certain Information about yourself including Personal Data such as your name, email address and so forth.

BIMobject Mail: If you wish to use BIMobject Mail as part of the Services you will be requested to provide certain Information about yourself including Personal Data such as your name, email address and so forth.

User Projects etc: BIMobject will also collect Information about you included in User Projects, if any, where Personal Data can form part of the Information uploaded.

Further Usage Information: We may also collect Information about your computer hardware and software which is automatically collected by the use of cookies such as, for example, your IP address, browser type, domain names, access times, referring website addresses as well as any BIM Object Content and/or other content on the BIMobject Cloud you have visited and/or downloaded as well as any other personal identifiable Information required to provide the Services. We also collect the following:

  1. Services Metadata. When a registered User interacts with the Services, metadata is generated that provides additional context about the way Users work. For example, we log the workspaces, channels, people (including Manufacturers), Content and links you interact with, the types of files shared and what Third Party Services are used (if any).
  2. Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect Information when you access or use the BIMobject Cloud or use the Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the BIMobject Cloud or using the Services, browser type and settings, the date and time the Services were used, Information about browser configuration and plugins, language preferences and cookie data.
  3. Tracking/Device information. We collect Information about devices
    accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all this other Information often depends on the type of device used and its settings.
  4. Location information. We receive Information from you that helps us approximate your location. We may, for example, use an IP address received from your browser or device to determine approximate location. We may also collect location Information from devices in accordance with the consent process provided by your device.
  5. Cookie Information. We use cookies and similar technologies on the BIMobject Cloud to help us collect information. While we may take reasonable steps to make sure that these companies are transparent about their identity and handle Information appropriately any such activity will be subject to their privacy policy. For more details about how we use these technologies, please see the Cookies Section below.

HOW DO WE USE YOUR INFORMATION (PURPOSE)?

We use your Information including your Personal Data for the following purposes:

To provide the BIMobject Cloud and the Services to you
We use your Information to provide you with the Services, authenticate you and authorise access to the Services.

To customize your experience

We use your Information (zip code, city and country) to customize your experience and to allow us to provide you with content of relevance to you.

Maintenance of the Services, Customer Support

We use your Information to assist us in improving, maintaining and protecting our Services and the BIMobject Cloud. This includes use of your Information to support delivery of the Services (provide you with support where needed), prevent or address service errors or technical issues, analyse and monitor usage, trends and other activities or where you request assistance.

To communicate with you

We use your Information to communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Information to respond. We may send emails about technical updates to keep you safe when using the Services, avoid security breaches, and also to update you if there is any change to the Terms or the Privacy Policy. These communications are part of the Services and you may not opt out of them.

Security

We use your Information (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of the Terms or this Privacy Policy and/or attempts to harm our Users or visitors.

Marketing

We promote our Services to you and others. In addition, we sometimes send emails about new product features, promotional communications or other news about BIMobject. We use your Information to send you these communications. Our marketing emails will contain an opt out button. Please use this button if you do not want to receive any more marketing emails.

Law, legal process or regulation

Sometimes we are legally bound or required to do certain things under applicable laws, processes or regulations. We may then use your Information to cooperate with any authority or to make sure that we are following the law.

To develop and provide search, learning and productivity tools and additional features

We always try to make our Services relevant and useful to our Users.

We may use your Information to improve search functionality to help determine and rank the relevance of Content or downloads by our Users, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and product.

Promotion or Survey

Sometimes we want to administer a contest, promotion, survey or other site features of the BIMobject Cloud. We can use your Information to inform you about these matters however you may opt out of any such features by sending an email to user-info@bimobject.com.

To create the possibility, environment and functions on the BIMobject Cloud to enable and facilitate communication between Users, Customers and Manufacturers to connect in various ways.

We do this by giving our Users, Manufacturers and Customers the mechanism on the BIMobject Cloud to access your Personal Data to connect in many different ways See in the immediately succeeding section examples of how they may do so.

How do our Users and Customers Use the Personal Data we collect on the BIMobject Cloud?

To connect with one another

Users and/or Customers/Manufacturers may use the Services on the BIMobject Cloud to create connections and to communicate with one another.

  1. Connecting/communicating with Users: You and other Users may choose to connect with one another on the BIMobject Cloud. Personal Data of Users can be used to make these connections as in BIMsupply or BAM either through sending or receiving an invitation. This will result in certain of your Personal Data for example your email address and name being visible to the User(s) with whom you connect.
  2. Connecting with Manufacturers: Once you download a BIM Object, the Manufacturer of that BIM Object may in certain circumstances be able to see your Personal Data such as your name, city, country and company (but not your phone number and email address). Following a download, a Manufacturer through its representative may then use your Personal Data to contact you by using BIMobject Mail.

It is important however to remember that it is always your choice whether to invite someone to connect/collaborate/interact with you on the BIMobject Cloud or whether you download a BIM Object or use a particular BIMobject Solution.

Tracking activity/downloads/analytics/generation of sales leads

Our Services also enable the Manufacturers of BIM Objects to track and view the number of downloads of BIM Object(s) on the BIMobject Cloud by Users and to use your Personal Data to:

User Projects

If you are engaged in a User Project with other Users or Customers certain of your Information, including Personal Data, will be accessible to the other involved Users or Customers and may be used by them to carry out and offer advice or communicate with you in respect of the User Project.

How do we protect Personal Data?

Security

BIMobject takes security of your Information very seriously. We work hard to provide appropriate technical and organisational measures to protect against compromise, loss, misuse, unauthorised access to, alteration, or destruction of the Personal Data we hold about you. We are continuously monitoring our system and strive to be one step ahead. We remind you however that there is no completely secure system and we cannot provide 100% guarantee that Information when transferred through the internet or stored on a server will be absolutely safe from intrusion or compromise.

If you have any concerns about your account of feel that your Information has in any way been compromised we ask that you immediately contact us at the following email address support@bimobject.zendesk.com.

How we share your Personal Data on the BIMobject Cloud

This section describes how your Information is shared on the BIMobject Cloud

Intra- Company sharing

We may share information regarding your use of the Services (which may include access to your Personal Data) between the companies in the BIMobject group. Details of the entities in the BIMobject group and their various locations may be found on the BIMobject Cloud. We may share this Information to optimise your use of the Services, for the purposes of sales, marketing, analytics and research. In all of our global offices however, we process your Information in accordance with this Privacy Policy.

Third party companies, subcontractors and service providers.

We may share your Information with third party companies contributing to the creation and/or provision of the Services including developers or search engine providers who assist us in relation to the development and optimisation of the BIMobject Cloud.

We may also need to use subcontractors for example to provide virtual computing and storage services and such parties may gain access to your Information including your Personal Data. In keeping with Data Protection Laws, we request that our subcontractors and service providers only allow access to any Personal Data shared with them strictly in accordance with our instructions and not for any other purposes.

Third Party Services and links

Occasionally, at our discretion, we may include or offer third party products or services on the BIMobject Cloud by links to third party websites. Users may enable Third Party Services when enabled, BIMobject may share Information with Third Party Services. Third Party Services are not owned or controlled by BIMobject and third parties that have been granted access to Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third-Party Services or contact the provider for any questions.

Change in Business

If BIMobject engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of its assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Information may be shared or transferred, subject to standard confidentiality arrangements.

Non-Personal Data:

BIMobject may share aggregated or de-identified Information.

Legal Obligation

If we receive a request for information, we may disclose Information where we with good reason believe that we must do this in accordance with any applicable law, regulation or legal process.

To prevent fraud, protection of rights or enhancement of security

We may need to disclose Information to protect and defend the rights, property or safety of BIMobject or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

Where Consent is given

In addition to the above, we may share Information with third-parties when we have your consent to do so.

Cross-Border Transfers

We may share your Information as set out in the cross-border transfer provisions below.

How else is your Information shared on the BIMobject Cloud?

  1. Customers and Manufacturers: As part of the Services we provide, Customers/Manufacturers and Users can contact one another on the BIMobject Cloud. Manufacturers/Customers may use your Information including your Personal Data to contact you through the BIMobject Cloud either through our cloud solutions or by using other Information provided by you and shared as set out in this Privacy Policy.
  2. Visibility: When you download a BIM Object, certain of your Personal Data such as your name, occupation, company, zip code, city, country and photo (if provided) may be visible to the Manufacturer’s representative User who can then use this Information to contact you. In addition, when using certain parts of the Services such as BIMsupply, certain of your Information is visible to other Users in certain circumstances as where you invite other Users to connect with you.
  3. Collaborating with Others: The Services provide different ways for Users like you to collaborate with other Users in various ways through the BIMobject Solutions and BIMobject Apps. In such circumstances, Information, such as certain Personal Data, may be shared.
  4. Customer Account: When Customer Service features to export logs of activity in the platform or accessing or modifying your account details.

For more Information about our Services and what is visible and what you can control through settings, please see our website.

CROSS-BORDER TRANSFERS

Cross-Border Transfers

BIMobject is an international company and our Services are globally accessible by our Users. This global availability of Services is necessary to our business allowing our Users to fully experience and enjoy the Services. Consequently, BIMobject processes, stores (on servers and otherwise) shares and transfers your Information to countries outside the European Economic Area (“EEA”) and Switzerland (“Cross-Border transfers”). Certain of these countries have not been given a “Finding of Adequacy” by the EU Commission. These so-called “Third Countries” may offer less legal protections regarding your Information including your Personal Data than is offered within the EEA.

Categories of Cross-Border transfers

Manufacturers and/Customers

The BIMobject Cloud provides a global platform where Users and Manufacturers/Customers can connect. When Users access and use the Services, Personal Data may be accessible to Manufacturers and Customers in Third Countries in the following circumstances:

  1. when downloading a BIM Object from a Manufacturer in a Third Country

and/or

  1. when you are invited to or given access to Customer Services on the BIMobject Cloud by a Manufacturer or other Customer located in a Third Country.

It is also important to remember that your Personal Data is on occasion also visible to other Users of the BIMobject Cloud and that some of those Users may also be located in Third Countries.

IT IS THEREFORE NOW OF THE UTMOST IMPORTANCE THAT YOU CAREFULLY READ THE CROSS-BORDER TRANSFER ADVISORY MEMORANDUM WHICH INFORMS YOU OF THE RISKS ASSOCIATED WITH CROSS-BORDER TRANSFER OF YOUR PERSONAL DATA WHILE USING THE SERVICES HERE AND ONCE YOU HAVE DONE SO YOU SHALL INDICATE YOUR EXPLICIT CONSENT ON THE CROSS-BORDER TRANSFER CONSENT FORM IF YOU WISH TO ACCESS AND USE THE SERVICES.

We of course request that our Manufacturers treat your Information with confidentiality and due care but in addition we always encourage our Users to learn about the privacy policies of any party accessing their Personal Data.

Intra-group transfers

As stated earlier in this Privacy Policy, we may share Information between the various companies in the BIMobject group, some of which are in Third Countries. In all of our global offices however, we process your Information in accordance with this Privacy Policy.

Subcontractors and service providers

As part of our business and to provide the Services to you we need to use subcontractors for example to provide virtual computing and storage services. Some of these subcontractors may be located in Third Countries and we therefore request that there are appropriate safeguards in place.

COOKIES POLICY

The BIMobject Cloud will use “cookies”. Please read our Cookies Policy here.

AGE LIMITATIONS

We do not allow our Services to be used by anyone who is not of legal age. If it comes to our attention or indeed if you become aware that someone has provided us with Information in contravention of our Privacy Policy, please advise us and we will remove same.

LEGAL GROUNDS FOR PROCESSING OF YOUR INFORMATION

Data Protection Law differentiates between the ‘controller’ and the ‘processor’ of information.

BIMobject is the controller in respect of your Information under the BIMobject Cloud save in respect of Customer Data where BIMobject is the processor.

As data controller we are obliged under Data Protection Laws and in particular the new General Data Protection Regulation (the “GDPR”) to inform you of your choices and rights in respect of your Personal Data.

We are also obliged to inform you of the legal ground for the processing of Personal Data. These legal grounds are clearly set out in Article 6 of the GDPR. Lawful bases include consent, contract and legitimate interest.

Consent: Where we process data based on consent, we will ask for your explicit consent. You may withdraw your consent at any time, but that will not affect the lawfulness of the processing of your personal data prior to such withdrawal.

Reliance on consent as a legal ground: We rely on the legal basis of consent for the cross-border transfer of your Personal Data in the circumstances and as described in the Cross-Border Transfer Advisory Memorandum and we obtain your separate explicit consent in the Cross-Border Transfer Consent Form in accordance with Article 49 (1) (a) of the GDPR.

We also rely on consent as a legal ground where you have clearly exercised your opt- in rights for example in respect of the receipt of marketing communications.

Contract: Where we rely on contract, we will ask that you agree to the processing of personal data that is necessary for entering into or performance of your contract with us.

Reliance on Contract as a legal ground: As data controller under the BIMobject Cloud we rely on the legal basis of contract for the processing of your Personal Data in which we engage under the BIMobject Cloud.

We rely on contract as a legal ground since you have entered into a contract with us when agreeing to the Terms and Privacy Policy. We collect and process your Personal Data because it is necessary in relation to our contract with you.

Legitimate Interest: We will rely on legitimate interests as a basis for data processing where the processing of your Personal Data is for the purpose of our legitimate interest, provided that such processing shall not outweigh your rights and freedoms.

Reliance on Legitimate Interest: We may, should we see fit, rely on the legal ground of legitimate interest in relation to the retention of certain Personal Data we have gathered in respect of marketing communications, but this does not apply to Users who have opted in or consented to marketing communications (the legal ground relied upon in that circumstance being consent). We reserve our right to rely on the legal ground of legitimate interest to justify any processing of Personal Data in future where appropriate and in such event we will inform you and update this Privacy Policy.

To the extent that our Manufacturers or Customers act as controller we encourage you to familiarise yourselves with their separate privacy policies or data governance practices.

If you have any questions about this paragraph or the lawful bases upon which we collect and use your Personal Data, please contact us at user-info@bimobject.com.

YOUR CHOICES, OBLIGATIONS AND RIGHTS

Data retention, access and deletion

We keep most of your Personal Data while your User Account is still open so that we can provide you with the Services. Even if you only use our Services occasionally we will keep your Information (unless otherwise deleted by you) until you decide to close your account.

You can access, delete or correct your Personal Data in your User Account. You also have control over marketing opt-outs and communication controls.

You have a right to request a copy of the Information we hold about you at any time. We offer data portability to all our Users (for more information or if you wish to gain access to or request a copy of your Information please submit a written request to BIMobject at user-info@bimobject.com. For administrative reasons we are happy to provide you with information free of charge, however if you make requests for a duplicate we reserve the right to charge a reasonable fee for this service.

Closure of your account

We safely and securely delete any Information once you have closed your User Account, however, we may retain some Information following account closure if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce the Terms or fulfil your request to “unsubscribe” from further messages from us. We will retain de-personalized Information after your account has been closed.

Right to information

You are entitled to receive information about your Personal Data being processed by BIMobject. This includes details in respect of the circumstances of the data collection, the purpose of the processing and, where appropriate, details of the recipients or categories of recipients to whom the personal data has been transferred

Right to be forgotten

You have the right to have your Personal Data deleted from the BIMobject Cloud in appropriate circumstances. If you would like to exercise this right, please contact us at user-info@bimobject.com or close your User Account on the BIMobject Cloud.

Right to complain

Subject to the applicable Data Protection Laws, if you have any problem with the way that we are handling your Personal Data you may have the right to lodge a complaint with the Swedish Data Protection Authority (Sw. Datainspektionen) which is BIMobject’s lead supervisory authority in the EU.

Please contact:

Datainspektionen
Box 8114
SE-104 20 Stockholm
Sweden

Phone number: +46 8 657 61 00

Email: datainspektionen@datainspektionen.se

CONTACT INFORMATION OF THE DATA CONTROLLER (BIMOBJECT)

BIMobject AB
Nordenskiöldsgatan 24
SE-211 19 Malmö
Sweden

Email: user-info@bimobject.com