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    PRIVACY POLICY

    BIMpedia by Plandata GmbH

    1. General Information

    1.1 We, Plandata GmbH, FN 113668i (“Company”), operate the BIMpedia platform, email address: datenschutz@plandata.eu (the “Email Address”), process your personal data in connection with your use of our website https://bimpedia.eu/ (the “Website”) as well as in connection with our tools and content (the “Product”) and our training and consulting services (the “Service” and, together with the Website and the Products, the “Services”), We treat the data entrusted to us as strictly confidential and handle it responsibly. The processing of your personal data is carried out exclusively in accordance with the provisions of the General Data Protection Regulation (“GDPR”) and the Austrian Data Protection Act, as amended.

    1.2 Below, we would like to provide you with information about us, as well as the nature, scope, and purpose of our data collection and use, to help you understand how we handle your personal data.

    1.3 To prevent unauthorized access to personal data and to protect data in general, we and our partners implement the following security measures: encrypted data transfer, a clear structure of access rights, and the use of service providers and solutions that comply with data protection regulations. These security measures are continuously updated in line with technological advancements.

    1.4 Data Controller. The Company is the data controller for the use of data within the meaning of the GDPR. You can contact us by mail at the address listed in the legal notice or by email at the email address provided.

    2. Processing of Personal Data

    2.1 General. The Company processes the personal data that you provide to us when using our services—for example, during registration—or that is generated when you use our website (the “Data”).

    2.2 Registration Data. When you register, we collect and process the following data (the "Contact Information"):

    • Date of registration;

    • Date of any updates/changes;

    • Password (encrypted);

    • Name, email address; and

    • Product-related license quantities, type, and subscription type.

    2.3 Website Data. When you visit our website, we process the data that your browser transmits to our server. We collect the following data, which is necessary for the proper display of the website and to ensure its stability and security (the "Website Data"):

    • IP address;

    • Date and time stamp;

    • Time difference from GMT;

    • Page requested;

    • Access status/HTTP status code;

    • Amount of data transferred;

    • Page from which the request was sent;

    • Browser;

    • Operating system and interface; and

    • language and version of the browser software.

    3. Why we process your data

    We process your data to meet our business needs, but only as long as your rights and interests do not override ours. This includes advertising and marketing in general. 

    3.1 Purposes. Data processing is carried out for the following purposes (the “Purposes”):

    • Provision and display of the website;

    • Contacting you for planning, consulting, and implementation of our products and services;

    • Providing information about our products and services;

    • Promotion and marketing of our products and services; and Protection of our legitimate business and legal interests.

    3.2 Legal Basis. The legal basis for data processing is:

    1. consent pursuant to Article 6(1)(a) of the GDPR in connection with registration;

    2. the performance of a contract pursuant to Article 6(1)(b) of the GDPR, as your data is required for the use of the product to the full satisfaction of users;

    3. the protection of the legitimate interests of the controller or a third party pursuant to Article 6(1)(f) of the GDPR

    3.3 Legitimate Interest. The legal basis for data processing under Section 3.2.3 is the protection of our legitimate interests, namely displaying our website to you, ensuring stability and security, and conducting marketing and advertising activities.

    4. Cookies

    4.1 What are cookies? Our website uses cookies. Cookies are small text files that are sent when you visit a website and temporarily stored on the hard drive of the website user and/or customer. If the user of the website and/or customer visits the corresponding server of our website again, the user’s browser sends the previously received cookie back to the server. The server can then evaluate the information obtained through this process in various ways. Cookies can, for example, be used to control the display of advertisements or to facilitate navigation on a website.

    4.2 User Consent. Cookies are only set with the user’s active consent. When the user visits the website for the first time, a banner appears informing the user about all cookies used and giving them the option to block individual cookies. We use a cookie plug-in for this purpose. Consent can be revoked or modified at any time in the Cookie Consent Management Tool. However, disabling cookies may result in the website not displaying correctly. Strictly necessary cookies are exempt from the opt-out option. In the case of strictly necessary cookies, data processing is based on our legitimate interest (providing a functional online service) pursuant to Article 6(1)(f). For all other cookies used on the website, consent constitutes the legal basis for processing pursuant to Article 6(1)(a).

    In addition, users can disable cookies in their browser settings.

    5. Use of External Services

    5.1 Google Analytics. This website uses Google Analytics, a web analytics service provided by Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics uses cookies. The information generated by the cookie regarding your use of this website is generally transmitted to a Google server and stored there. It cannot be ruled out that data processing may take place outside the scope of EU law. However, if IP anonymization is enabled on this website, your IP address will be truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the U.S. and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

    Opt-in. We use a cookie plugin that ensures cookies are only set after the user has given their active consent. Consent can be revoked or modified at any time in the Cookie Consent Management Tool.

    Anonymize IP. This website uses Google Analytics with the "_anonymizeIP()" extension. This ensures that IP addresses are truncated before being processed, thereby preventing any personal identification; any personal identification is thus immediately ruled out, and the personal data is deleted immediately.

    Purposes and Legal Basis. We use Google Analytics to analyze and regularly improve the use of our website. The statistics we collect allow us to enhance our services and make them more engaging for you as a user. In the exceptional cases where personal data is transferred to the United States, Google has agreed to use Standard Contractual Clauses (SCCs) approved by the European Commission in accordance with Article 46(2)(c) of the GDPR to protect this data.  The legal basis for this processing is your consent pursuant to Article 6(1)(a) of the GDPR.

    Further information. Terms of Use: https://www.google.com/analytics/terms/de.html; Privacy Overview: https://support.google.com/analytics/answer/6004245?hl=de; and Privacy Policy: https://www.google.de/intl/de/policies/privacy/.

    5.2 Google Ads Conversion. We use Google Ads Conversion, a service provided by Google, to display advertisements for our services outside of our website. If users arrive at our website via such an advertisement, a cookie is set that typically expires after 30 days and is not used to personally identify users. If the user visits certain pages on our website and the cookie is still valid, Google and we can recognize that the user clicked on the ad and was redirected to this website. Each Google Ads customer is assigned a different cookie. We do not receive any personal data from Google, but only anonymous statistical reports that allow us to identify which advertisements are particularly effective. We have no influence over the scope and further use of your collected data by Google. Google may link this data to your Google account. Even if you are not registered with Google or have not logged in, it is possible that Google may obtain and store your IP address. For more information, please refer to Google’s Privacy Policy (https://policies.google.com/privacy?hl=de).

    Purposes. We use Google Ads Conversion to analyze the use of our website and optimize our advertisements. The legal basis for this processing is your consent pursuant to Article 6(1)(a) of the GDPR.

    Opt-in. We use a cookie plugin that ensures cookies are only set after the user has given their active consent. Consent can be revoked or modified at any time in the Cookie Consent Management Tool.

    Google Ads Remarketing and Similar Audiences. We use Google’s remarketing and similar audiences features within the Google Ads service, which allow us to display ads on external websites within the Google Display Network, such as Google Search, YouTube, or Google ads on other websites. Google stores cookies on the user’s device from certain Google services and websites within the Google Display Network, which allows for the analysis of the user’s behavior on the website and the display of targeted advertising. The cookies are used to identify the browser, not the individual. For more information, please refer to Google’s Privacy Policy (https://policies.google.com/privacy?hl=de)

    Purposes and Legal Basis. We use Google Ads Remarketing to analyze the use of our website and optimize our advertisements. The legal basis for this processing is your consent pursuant to Article 6(1)(a) of the GDPR.

    Opt-in. We use a cookie plugin that ensures cookies are only set after the user has given their active consent. Consent can be revoked or modified at any time in the Cookie Consent Management Tool.

    5.3 YouTube. This website also embeds videos from YouTube, operated by Google, in enhanced privacy mode. Enhanced privacy mode ensures that cookies are not set as soon as you visit such a page, but only when the embedded video is played. From that point on, cookies are used to establish a direct connection between you and YouTube’s servers. This informs YouTube that your browser has accessed a specific page on our website, even if you do not have a profile or are not logged in. If you are logged in, your browsing behavior is associated with your personal profile. These cookies remain on your device until you delete them. For more information about data protection on YouTube, please refer to their privacy policy at: https://policies.google.com/privacy?hl=de.

    Purposes and Legal Basis. The legal basis for this processing is your consent pursuant to Article 6(1)(a) of the GDPR. We use these plug-ins to optimize our online offering. In the exceptional cases where personal data is transferred to the United States, Google has agreed to use Standard Contractual Clauses (SCCs) approved by the EU Commission in accordance with Article 46(2)(c) of the GDPR.

    Opt-in. We use a cookie plugin that ensures cookies are only set after the user has given their active consent. Consent can be revoked or modified at any time in the Cookie Consent Management Tool.

    Newsletter. When you sign up for the newsletter on our website, your data is stored on HubSpot’s servers. HubSpot uses this data to send and analyze the newsletters on our behalf. Furthermore, according to HubSpot’s own information, HubSpot may use the data to optimize or improve its own services, e.g., for technical optimization of the delivery and presentation of the newsletters, or for business purposes to determine which countries the recipients are from. However, HubSpot does not use the data of our newsletter recipients to contact them directly or pass the data on to third parties.

    Unsubscribe. You can unsubscribe from our newsletter at any time by clicking the link at the bottom of the email you received. When you unsubscribe from the newsletter, your data will be deleted from HubSpot.

    5.4 HubSpot. We use the services of HubSpot, operated by HubSpot Ireland Ltd, 30 North Wall Quay, Dublin 1, Ireland (“HubSpot”), for our online marketing activities. This is an integrated software solution that we use, among other things, for sending and managing newsletters as well as for CRM. The legal basis for data processing is our legitimate interest in marketing and communication pursuant to Article 6(1)(f). For the exceptional cases in which personal data is transferred to the U.S., HubSpot has agreed to use Standard Contractual Clauses (SCCs) approved by the EU Commission in accordance with Article 46(2)(c) of the GDPR to protect this data. Further information on data processing can be found in HubSpot’s Privacy Policy: https://legal.hubspot.com/privacy-policy.
    Newsletter. If you subscribe to the newsletter on our website, your data will be stored on HubSpot’s servers. HubSpot uses the data to send and analyze the newsletters on our behalf. Furthermore, according to its own information, HubSpot may use data to optimize or improve its own services, e.g., for technical optimization of the delivery and presentation of the newsletters or for business purposes to determine which countries the recipients are from. However, HubSpot does not use the data of our newsletter recipients to contact them directly or pass the data on to third parties.
    Unsubscribe. You can unsubscribe from our newsletter at any time by clicking the link at the bottom of the email you received. When you unsubscribe from the newsletter, your data will be deleted from HubSpot.

    5.5 Hetzner. We host our website with our data processor Hetzner, operated by Hetzner Online GmbH, Industriestraße 25, 91710 Gunzenhausen, Germany (“Hetzner”). Data is processed for the purposes of delivering and providing the website, but is not stored beyond the duration of the visit. The legal basis for the processing is Article 6(1)(f) of the GDPR; the legitimate interest lies in the technical necessity of providing and delivering the website. For more information, please refer to Hetzner’s privacy policy: https://www.hetzner.de/rechtliches/datenschutz.

    6. Use and Disclosure of Personal Information

    6.1 Use. We use the data provided to us solely for the purposes described herein. Data is shared within our holding structure with ATP Planungs- und Beteiligungs-Aktiengesellschaft (“ATP”). ATP’s privacy policy can be found here.

    6.2 Disclosure to Third Parties.  We will only disclose or transfer data to third parties (i) if this is necessary for the purpose of contract fulfillment, (ii) upon request by domestic authorities, (iii) based on court orders, or (iv) if you have given your prior consent. A transfer for the purpose of contract fulfillment includes, for example, our transfer of data to companies that process your data on our behalf (data processors).

    6.3 Recipients.

    1. Recipients. We share data with the following categories of recipients:

      - Group companies;

      - Hosting providers; and

      - Providers of marketing/sales software.

      - Google;

      - YouTube;

      - HubSpot;

      - Hetzner;

    2. Third countries.  We also transfer data to recipients in third countries. By visiting our website or using our services, you consent to the transfer of your data to third countries. The transfer is based on appropriate safeguards, such as the use of standard data protection clauses or binding internal data regulations, thereby ensuring compliance with European standards.

    7. Retention Period and Deletion

    7.1 Retention Period. We retain your data for varying periods depending on the type of data and the purpose of the data processing. Furthermore, data is retained only to the extent required by law (e.g., due to warranty, statute of limitations, and retention periods) or otherwise necessary.

    • Contact information. We store your contact information only for as long as necessary for the purposes for which it was collected.

    • Website data. We store website data only for as long as you use the website. Once you leave the website, your data is automatically deleted.

    7.2 Deletion. Data will be deleted if you (i) withdraw your consent to its storage, (ii) the data is no longer necessary for the purposes for which it was collected, or (iii) storage is or becomes unlawful for other legal reasons. Data whose storage is required by law (e.g., for billing purposes) is not affected by a request for deletion.

    8. Information on the rights of data subjects

    8.1 Exercising Your Rights. To exercise your rights under sections 8.2 through 8.8, please send a request to the email address provided.

    8.2 Withdrawal of Consent. You have the right to withdraw your consent to the processing of your data at any time, with effect for the future. This does not affect the lawfulness of the processing carried out on the basis of your consent up until the time of withdrawal.

    8.3 Right of Access. You have the right to obtain information about whether personal data concerning you is being processed, as well as further details regarding such data. This information includes, among other things, the purposes of processing, the categories of data, potential recipients, and the retention period.

    8.4 Right to Rectification. You have the right to request the rectification of inaccurate personal data concerning you. If the data we process is inaccurate, we will correct it without delay and notify you accordingly.

    8.5 Right to erasure. If you no longer wish us to process your data, please notify us using the contact information provided in 8.1. We will, of course, delete the data immediately and inform you accordingly. Should there be compelling legal reasons preventing deletion, we will notify you immediately.

    8.6 Right to restriction of processing. You have the right to request that we restrict the processing of your data in the following cases:

    1. In the event of a request for rectification under Section 8.4, if you so request;

    2. if you believe that data processing is unlawful but object to the deletion of the data;

    3. if you still need the data in connection with legal claims; or

    4. if you have objected to the processing pursuant to Section 8.8.

    8.7 Right to Data Portability. You have the right to receive your data in a structured, commonly used, and machine-readable format, and to have the data transferred directly from us to another data controller.

    8.8 Right to Object. You have the right to object to the processing of your data.

    8.9 Right to File a Complaint. You have the right to file a complaint with the data protection authority if you believe that the processing of your data violates applicable law, in particular the GDPR.

    9. Changes to the Privacy Policy

    9.1 We update our Privacy Policy regularly, so we ask that you visit this page frequently. If the changes have a significant impact on your rights, we will ask for your consent. This Privacy Policy was last updated on November 27, 2020.