HOCHTIEF Field2BIM Privacy Policy – Datenschutzerklärung

A.  General

We at HOCHTIEF ViCon GmbH (hereinafter referred to as the ‘ViCon’ or ‘we’) will handle all user information concerned with the HOCHTIEF Field2BIM service and all its related services (hereinafter referred to collectively as the ‘Service’) in accordance with the following:

A.1  Name and address of the data controller

You may contact us as follows:

HOCHTIEF ViCon GmbH

Alfredstraße 236
45133 Essen
Tel.: +49 201 824-3060
Fax: +49 201 824-3050
E-Mail: vicon@hochtief.de

A.2  Contact information of the Data Protection Officer

You may reach our data protection officer at datenschutz@hochtief.de.

A.3  Definitions

The following definitions apply:

  • app data any personal data of app users witch are being collected, stored and/or processed in anyway when an app user is using an app created by an app creator.
  • GDPR: Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version. The European Data Protection Regulation is applicable as of May 25th, 2018 in all member states to harmonize data privacy laws across Europe.
  • Personal data. For users references to “personal information” in this policy are equivalent to “personal data” as defined in prevailing EU data protection regulations.
  • IP addresses. A numerical label assigned by your Internet provider to your device.
  • Data controller.HOCHTIEF ViCon is the data controller for registration, billing and other account information that we collect from HOCHTIEF Field2BIM Service users in the EU.
  • Account administrator. HOCHTIEF ViCon is the administrator of your user account.

A.4  Your Data Rights

  • Your Rights. In accordance with the provisions of Articles 15-20 General Data Protection Regulation, you are entitled to request information from us about the personal data stored about you. In addition, you are entitled to request rectification, erasure, or restriction of the processing of the personal data stored about you. <br>With respect to the processing of your personal data on the basis of our legitimate interests, you are entitled to object to the processing of your personal data at any time on grounds relating to your particular situation (Art. 21 General Data Protection Regulation). In addition, you are entitled to file a complaint with the supervisory authority if you believe that the processing of your personal data violates applicable data protection law.
  • Opt out of using HOCHTIEF Field2BIM .Your use of our Service is voluntary and can be stopped at any time by you. Note that your employer or organization may require you to use HOCHTIEF Field2BIM as part of your activities for them, in which case you will need to address your concerns about HOCHTIEF Field2BIM to them.

B.  Privacy for App and Service Users

B.1  Information that HOCHTIEF ViCon collects

When you interact with HOCHTIEF Field2BIM, we collect and process information relating to you and your use of the HOCHTIEF Field2BIMService from a variety of sources, which are listed below.

B.1.a  Information HOCHTIEF ViCon collects directly from you

  • App data.HOCHTIEF ViCon collects and stores the app data that you interact with, modify or submit. An app may ask you to provide personal information or data. This information might include location data captured directly or indirectly on form submission according to the specific form design as requested by you or your organization.

B.1.b  Information we collect indirectly or passively

  • User account information.You will usually require a HOCHTIEF Field2BIM account before you can access apps created to provide the HOCHTIEF Field2BIM Service. We will normally create your user account on your or your organization’s instruction and for doing so you will provide us with your name, email address, country and time zone. These details are required in order to provide you with app user access on the HOCHTIEF Field2BIMService.
  • Usage data.HOCHTIEF ViCon collects usage data about you whenever you interact with the HOCHTIEF Field2BIM Service. This may include which web pages you visit, what you click on, when you performed those actions, and so on. Additionally, as with most websites today, HOCHTIEF Field2BIM servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, and timestamps. Note that HOCHTIEF ViCon does not link this usage data to your submitted app data.
  • Device data.HOCHTIEF ViCon collects data from the device you use to access our services, such as your IP address, operating system version, device make and model, performance information, and browser type. HOCHTIEF ViCon may also infer your geographic location.
  • Referral data.HOCHTIEF ViCon may record information about the source that referred you to an app (e.g. a web link or in an invite email).

B.2  How HOCHTIEF ViCon uses collected information

HOCHTIEF ViCon uses the app data, user account information, usage data, device data and referral data for the purposes and in the legitimate interest of providing you with the Service (Art. 6 (1) (b) and (f) GDPR). To the extent you are required by your organization to use our Service, the legal basis may also be your employment relationship with your organization (Art. 6 (1) (b) GDPR or local law equivalent, such as e.g. Sec. 26 of the German Federal Data Protection Act). Such processing is necessary if you want to use the Service, but you are vis-à-vis HOCHTIEF ViCon under no obligation to use the Service, unless you are an HOCHTIEF ViCon employee, in which case your employment agreement may require you to use the Service.

HOCHTIEF ViCon does not sell or make available app data to third parties, beyond what is necessary to provide the HOCHTIEF Field2BIM Service (e. g. if you use the app to send a form to a third party), and HOCHTIEF ViCon does not use any contact details collected in our customers’ apps to contact persons recorded in said app data. HOCHTIEF ViCon also uses the information collected from you, including usage data, device data and referral data within our legitimate interest to manage and improve our services (Art. 6 (1) (f) GDPR), for scientific research purposes (Art. 89 GDPR), to comply with legal requirements (Art. 6 (1) (c) GDPR), and for the other purposes to the extent they are described in this Privacy Policy.

B.3  Who HOCHTIEF ViCon shares your data with

HOCHTIEF ViCon will share your app data and interactions with third parties only as described in this Privacy Policy.

B.3.a  HOCHTIEF ViCon discloses:

  • Your data to service providers. HOCHTIEF ViCon provides the business applications to you as the app user. We are the controller of all data consumed and collected by you. Your app data and interactions (e.g. form submissions) may be provided to your organization and/or third parties where the app provides a respective functionality which you decide to use (e. g. if you use the app to send a form to a third party).
  • HOCHTIEF ViCon’s processors. HOCHTIEF ViCon uses the service of Appenate Pty Ltd., Australia (“Appenate”), in order to provide you with the Service. Appenate processes data solely on behalf of HOCHTIEF ViCon in the capacity of a data processor based on a data processing agreement, including the EU standard contractual clauses, pursuant to the European Commission decision 2010/87/EU, the text of which can be found under the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32010D0087&from=DE

B.4  Security and other important information

  • Changes to this Privacy Policy. HOCHTIEF ViCon may modify this policy at any time and you will be notified by publishing the changes on this website. If HOCHTIEF ViCon determines the changes are material, you will be provided with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you.
  • HOCHTIEF ViCon takes security seriously and we are committed to processing your personal information and data with respect and integrity. However, regardless of the protections and precautions undertaken, there is always a risk that your personal information may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact our support team.
  • Data locations.Our service providers use to host customer accounts in West Europe. European country accounts are hosted only within their West Europe data centers. Your personal information may also be accessed from countries (generally for support and maintenance purposes), and may be processed in countries where our sub-processors’ services are located.
  • Cookie Notification. HOCHTIEF ViCon and our partners use cookies and similar technologies on our websites. Cookies are small bits of data we store on the device you use to access our services so HOCHTIEF ViCon can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. HOCHTIEF ViCon uses cookies and similar technologies for several reasons, which are all in our legitimate interest (Art. 6 (1) (f) GDPR):
    • For security reasons.We store your login details in an encrypted cookie to authenticate your identity and to keep you logged into the HOCHTIEF Field2BIMService between usage sessions.
    • To provide you with personalized content.HOCHTIEF ViCon may store user preferences, such as your default language, in cookies to personalize the content you see.
    • To improve our services. HOCHTIEF ViCon uses cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps HOCHTIEF ViCon develop and improve our services and optimize the content HOCHTIEF ViCon displays to users.
    • To advertise to you. HOCHTIEF ViCon, , may place cookies when you visit our marketing website or when you open emails that are sent to you, in order to provide you with more tailored marketing content (about our services or other services), and to evaluate whether this content is useful or effective. For instance, HOCHTIEF ViCon may evaluate which advertisements are clicked on most often, and whether those clicks lead users to make better use of our tools, features and services. If you do not want to receive advertisements that are tailored to you based on your anonymous online activity, you may “opt out” of many of the companies that are involved in such tailoring by going to http://optout.aboutads.info. Opting out in this way does not mean you will not receive any advertisements; it just means that you will not receive advertisements from such companies that have been tailored to you based on your activities and inferred preferences.
    • Google Analytics. In addition to the above, HOCHTIEF ViCon has integrated Google Analytics (with anonymisation function) into this Service. Google Analytics is a web analytics service. Web analytics is the collection, compilation and evaluation of data on the behaviour of visitors to websites. A web analytics service collects data on, among other things, the website from which a data subject accessed a website (“referrer”), what pages on the website the data subject accesses and how often, and how long pages are viewed for. Web analytics is frequently used to optimise websites and to carry out cost-benefit analysis of internet advertising.
      The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, USA (“Google”).
      We use the Google Analytics component for the purpose of our legitimate interest in analysing visitor flows to our website (Article 6 (1) (f) GDPR). Google uses the data and information obtained on our behalf among other things to analyse use of our website for the purpose of compiling online reports for us showing activity on our website and to provide other services connected with use of our website.
      Google Analytics places a cookie on your computer. This cookie allows use of our website to be analysed. Each time an individual page on this website is accessed, the relevant Google Analytics component causes your computer’s internet browser to automatically transmit data to Google Analytics for online analysis. As a result of this technical operation, Google, on our behalf, receives personal data such as your IP address, which are used among other things to determine the origin of visitors and clicks.
      The cookie stores personal data such as the time the website was accessed, where it was accessed from, and the frequency of your visits to our website. Each time you visit our website, these personal data, including the IP address of the internet connection you are using, are transmitted to Google in the United States. These personal data are stored by Google in the United States. Google may pass on the personal data collected using this technical process to third parties.
      Data subjects can prevent our website from placing cookies on their computers at any time as described in this Privacy Policy by changing their browser settings to disable cookies permanently. Changing your settings in this way would also prevent Google from placing a cookie on your computer. In addition, any cookie already placed on your computer by Google Analytics can be deleted at any time using your internet browser or other software.
      You can also opt out of the collection of data generated by Google Analytics relating to use of this website and the processing of such data by Google. To do this, you can download and install a browser add-on from https://tools.google.com/dlpage/gaoptout. This browser add-on tells Google Analytics via JavaScript that no data and information concerning visits to websites can be sent to Google Analytics. Google will interpret installation of the browser add-on as an opt-out. However, if your computer is wiped, reformatted or reinstalled at a later date, the browser add-on must be reinstalled to disable Google Analytics. If you uninstall or disable the browser add-on, you can reinstall or reactivate it later.
      Disabling Google Analytics as described will have no effect on the usability of our Service.
      Further information and Google’s current privacy policy is available at https://www.google.de/intl/de/policies/privacy/ and http://www.google.com/analytics/terms/de.html.
      Google Analytics is explained in more detail at https://www.google.com/intl/de_de/analytics/.
      We retain no personal data in connection with Google Analytics, as the data are immediately anonymised by Google.
      The personal data are not transmitted to any other recipients.
    • We do not believe that cookies are bad, but you can still choose to remove or disable cookies via your browser. Note that if you choose to disable cookies received from our web backend, you will not be able to log in there, since we require cookies to be enabled for the security reasons above.
  • Online Tracking. HOCHTIEF ViCon currently does not process or comply with any web browser’s “do not track” signal or other similar mechanisms that indicates a request to disable online tracking of individual users who visit our websites or use our services.
  • Social media Features. HOCHTIEF ViCon websites may include socail media features or widgets, such as e.g. the Facebook Like button. Use of these features may allow them (social media providers) to collect your IP address, detect which page you are visiting on our site, and set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the third party providing it.
  • Safety of Children. HOCHTIEF Field2BIM  services are not intended for and may not permissibly be used by individuals under the age of 16. HOCHTIEF ViCon does not knowingly collect personal information from persons under 16 or allow them to register. If it comes to our attention that HOCHTIEF ViCon has collected personal information from such a person, HOCHTIEF ViCon may delete this information without notice. If you have reason to believe that this has occurred, please contact our support team.

B.4.a  HOCHTIEF ViCon’s data retention timeframes

We retain your data for as long as you have an account on the HOCHTIEF Field2BIM Service, or to comply with our legal obligations, resolve disputes, or enforce our agreements. Copies of data deleted from our servers may remain on offsite backup media for up to 30 days thereafter. The following specific scenarios and timeframes apply:

  • Data you delete within your account. You can delete app designs and data from within your account at any time. App data that you delete from your account will be rendered inaccessible but may not be immediately deleted, applicable laws permitting. We may retain your data for up to 30 days to allow restoration of data when deleted accidentally. HOCHTIEF ViCon generally does not use deleted app data for any purpose other than to give you the opportunity to restore it. Sometimes HOCHTIEF ViCon may retain deleted data to comply with legal obligations, resolve disputes, or enforce our agreements. In these cases, HOCHTIEF ViCon ensures that access to such data is blocked except for the purposes for which HOCHTIEF ViCon has been required to retain the information.
  • Deletion of your HOCHTIEF Field2BIM Service account. You can request our support team to delete your account and all associated data at any time. After you initiate the deletion of your account, the account is disabled immediately, but the account and associated data may be held in our database for up to 30 days, until our next regularly scheduled deletion cycle, at which point it will be permanently deleted. You can contact our support team within that time frame to request the account be restored. After your account is permanently deleted, HOCHTIEF ViCon won’t be able to restore it or the associated data.