2015-09-17

Privacy Policy

Last updated: September 17, 2015

GRAPHISOFT Privacy Policy

GRAPHISOFT SE (registered address: 1031 Budapest (GRAPHISOFT park), Záhony u 7, Hungary; hereinafter referred to as “GRAPHISOFT”) is constantly striving to provide excellent service to its customers and business partners, while building a long-lasting relationship. This privacy policy describes the privacy practices of GRAPHISOFT’s websites, as well as our products, online services and applications that include a link to this policy. This privacy policy also applies to GRAPHISOFT’s marketing and advertising practices. Please also see the GRAPHISOFT Terms of Use and product specific End User License Agreements that may apply to the website or application you are using.

What information does GRAPHISOFT collect about you?

GRAPHISOFT ID, Registration and Customer Support

When you register to use a GRAPHISOFT website or application, create a GRAPHISOFT ID, or contact us for support or other offerings, GRAPHISOFT collects information that identifies you. This may include your name, company name, email address and country. We may also sometimes collect other information that does not identify you. Some of this information is required and other information is optional. For obtaining certain student and teacher licenses of our applications, further information regarding your eligibility is required. To help keep our databases current and to provide you the most relevant content and experiences, we may combine information from you with information from public sources and our trusted partners, in accordance with applicable law.

GRAPHISOFT Websites and Applications

We collect information about how you use our websites and applications. We may collect information that your browser or device typically sends to our servers whenever you visit a GRAPHISOFT website, or when a GRAPHISOFT desktop product or application feature takes you online (as when you visit Online help). For example, your browser or device may tell us your IP address (which may tell us where you are located) and the type of browser and device you used. When you visit a GRAPHISOFT website, your browser may also tell us information such as the page that led you to our website (referral url). To collect this information, GRAPHISOFT may use cookies and similar technologies, and our servers may collect similar information when you are logged in to the website or application. Depending on the website or application, this information may be anonymous (for example, see the GRAPHISOFT Customer Experience Improvement Program) or it may be associated with you (MyARCHICAD website).

GRAPHISOFT Emails

Emails we send you may include technologies that tell GRAPHISOFT whether you have received or opened the email, or clicked a link within the email. If you do not want us to collect this information from GRAPHISOFT marketing emails, you can opt out of receiving GRAPHISOFT marketing emails on the "my profile", or a similar feature of the website or application you are using.

GRAPHISOFT Online Advertising

GRAPHISOFT advertises online in a variety of ways, including displaying GRAPHISOFT ads on websites and in apps. We collect information about which ads are displayed, which ads are clicked on, and on which web page the ad was displayed, and which campaign has generated certain user actions - such as web page views and web page interactions, mobile app interactions, mobile app purchases, file downloads, contact form submissions or registration to GRAPHISOFT’s online services.

Buttons, Tools, and Content from Other Companies

GRAPHISOFT websites and applications may include buttons, tools, or content that link to other companies’ services (for example, a Facebook "Like" button). We may collect information about your use of these features. In addition, when you see or interact with these buttons, tools, or content, or view a GRAPHISOFT web page containing them, some information from your browser may automatically be sent to the other company. Please read that company’s privacy policy for more information.

Social Sign-on Services

You may be able to sign in to a GRAPHISOFT website or application using a social networking account, such as a Facebook and Google account. We may collect information when you use these sign-on features.

Third-Party Sites and Services

GRAPHISOFT websites, products, online services, and applications may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties − for example, a third-party ARCHICAD add-on. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

How does GRAPHISOFT use the information it collects about you?

GRAPHISOFT uses the information we collect about you in a number of ways, such as:

Providing you with the GRAPHISOFT websites and applications for which you have registered, as well as any services, support, or information you have requested

Better understanding how our websites and applications are being used so we can improve them and engage and retain users

Diagnosing problems in our websites and applications

Tailoring a website, application, or GRAPHISOFT marketing to your likely interests

Sending you business messages such as those related to payments or expiration of your subscription

Sending you information about GRAPHISOFT, new application releases, special offers, and similar information

Conducting market research about our customers, their interests, and the effectiveness of our marketing campaigns

Reducing fraud, software piracy, and protecting our customers as well as GRAPHISOFT

What are cookies and how does GRAPHISOFT use them?

A cookie is a small piece of information that will be stored on your hard disk until you delete it. Like most websites and applications, we use our own cookies and those of third parties, together with similar technologies, to make our websites and applications work, to offer you customized and personalized service, and to learn more about our users and their likely interests.

GRAPHISOFT and third-party vendors including Google and Facebook use first-party and third-party cookies and related user behavior tracking technologies to measure desktop software, mobile application and website usage; record different user activities in its software and on its web sites; and display advertisements based on the user’s previously recorded activities. GRAPHISOFT does not disclose any personally identifiable information to these third-party vendors. However, third-party vendors automatically receive IP addresses when activity tracking occurs. GRAPHISOFT may connect user activity data gathered by third-party vendors with information collected by its websites and applications.

You can set your browser so that the browser informs you about cookies or automatically prevents their storage. If you do not store our cookies, you will still be able to visit our website or use our services; however, the use of individual offers or features might be limited.

You can also prevent your data from being used by third-party vendors by installing browser extensions, such as:

http://www.aboutads.info/PMC

https://tools.google.com/dlpage/gaoptout/

Or setting your preferences at web sites like:

http://www.youronlinechoices.com/uk/your-ad-choices

http://www.networkadvertising.org/choices/

https://www.google.com/settings/u/0/ads/anonymous

Does GRAPHISOFT share my personal information?

GRAPHISOFT works with companies that help us run our business. These companies provide services such as delivering customer support and sending emails on our behalf. In some cases, these companies have access to some of your personal information in order to provide services to you on our behalf. They are not permitted to use your information for their own purposes.

GRAPHISOFT may also share your personal information:

If you agree to the sharing:

with our subsidiaries and

with our resellers and other sales partners if you are a business customer and agree to receive GRAPHISOFT marketing communications. Note that we do not share personal information about consumers with third parties for their own marketing purposes unless the consumer agreed to that sharing.

If we have a good-faith belief that the disclosure is necessary to prevent or respond to fraud, defend our websites or applications against attacks, or protect the property and safety of GRAPHISOFT, our customers and users, or the public.

We may share or publish aggregate information that doesn’t specifically identify you, such as statistical information about visitors to our websites or statistical information about how customers use our applications.

Is my personal information displayed anywhere on GRAPHISOFT’s websites or applications?

There are several places on GRAPHISOFT’s websites and applications that allow you to post comments, upload pictures, or submit content for others to see. Sometimes you might be able to limit who can see what you share, but there are some places where what you share can be seen by the general public or other members of the website or application. Please be careful when you share your personal information. Do not share anything you wouldn’t want publicly known unless you are sure you are posting it within a website or application that allows you to control who sees your post. Please note that when you post messages on certain user forums on our websites and applications, your email address or name may be included and displayed with your message.

To remove content you have shared on our websites and applications, please use the same website or application feature you used to share the content. If another user invites you to participate in shared viewing, editing, or commenting of content, you may be able to delete your contributions, but usually the user who invited you has full control. If you have questions or concerns about this, please contact us.

Is my personal information secure?

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. However, despite our efforts, no security controls are 100% effective and GRAPHISOFT cannot ensure or warrant the security of your personal information.

Where does GRAPHISOFT store my personal information?

Your personal information and data files are stored on GRAPHISOFT’s servers and the servers of companies we hire to provide services to us. Your personal information may be transferred across national borders because we have servers located worldwide and the companies we hire to help us run our business are located in different countries around the world (for example, Germany, Ireland, the United States).

How can I review or update my personal information or close my GRAPHISOFT ID account?

Many of our websites and applications allow you to edit your personal information by accessing the "my profile," or a similar feature of the website or application you are using. Likewise, you can delete files or photos you have stored in our online services by logging in and using the deletion functions they make available.

To request that we delete your email address from our marketing database, to deactivate your GRAPHISOFT ID account, or to obtain a copy of your personal information, please email your request to privacy@graphisoft.com. Please note that we need to retain certain information about you for legal and internal business reasons, such as fraud prevention. We will retain your personal information for as long as necessary to provide you with the websites and applications you are eligible to use with your GRAPHISOFT ID and as needed to comply with our legal obligations and enforce our agreements.

Will GRAPHISOFT market to me?

GRAPHISOFT hires companies to help us market our websites and applications on our behalf. These companies may use your information to provide you with information and offers related to GRAPHISOFT.

Will this privacy policy change?

By using GRAPHISOFT’s websites, as well as our products, online services and applications in any way, you accept this Policy and approve the data handling regulated herein. GRAPHISOFT may change or update this privacy policy at any time without notice to allow GRAPHISOFT to use or share your previously collected personal information in a materially different way. You are responsible for regularly reviewing this Policy. Following any such changes, your continued use of GRAPHISOFT’s websites, as well as our products, online services and applications, shall constitute your acceptance of such changes.

Specific Provisions Applicable to Personal Data

By accepting this Policy, You as a natural person using the Software or representing the licensee of the Software in any way (hereinafter: “You”) give Your express consent that GRAPHISOFT shall collect, process or use the following information qualifying as Your personal data for the purposes regulated in and according to this Policy (hereinafter: “Personal Data”):

name,

e-mail address,

connection IP address

address (city, ZIP, State) and country

WIFI network name (SSID)

VAT/TAX ID number.

The data handling shall take place for a maximum period of 5 years exclusively for the purposes of improving our websites, products, online services, applications and technologies, to troubleshoot any deficiencies in compliance with the applicable rules of law. Continued use of our websites, products and services prolong the handling period, which may last for a maximum of 5 years from the last use.

Possible controllers authorized to acquire knowledge of Your Personal Data:

GRAPHISOFT SE 1031 Budapest (GRAPHISOFT park), Záhony u 7, Hungary

GRAPHISOFT’s subsidiaries resellers and other partners

By accepting this Policy, You give your explicit consent to GRAPHISOFT to transfer Your Personal Data to data controllers or data processors undertaking data control on behalf of GRAPHISOFT for the purposes set forth herein, who may be located in third countries, i.e. out of the European Economic Area.

You may request information on the management of your personal data and submit Your request for information, correction, and deletion to the following address: privacy@graphisoft.com

In case You submit a request about the handling of Your Personal Data, we provide You with information on any of Your data that we control, as well as the data processed by the data processor we contracted if any, the sources, the objective of the control, its legal grounds and duration, the name and address of the data processor and the activities they undertake in connection with control, in addition to the legal grounds and recipients should the personal data of the data subject be transferred.

GRAPHISOFT shall provide clear information in writing as soon as possible following the submission of the request, and no later than within 30 days. Information is provided free of charge, if the individual requesting the information has not yet submitted a request for information to the controller in connection with the same scope of data in the same year. In other cases, costs may be charged. Costs that have already been paid must be reimbursed in the event that the data was illegitimately controlled, or if the request for information leads to correction.

GRAPHISOFT is entitled to deny a request for information only if it is permitted by law. GRAPHISOFT must notify the data subject about the grounds on which the request for information was denied. In this case, GRAPHISOFT must inform the data subject of the means available to facilitate legal redress.

You may request GRAPHISOFT to correct Your personal data recorded incorrectly. In case the data to be corrected is regularly supplied to other recipients, GRAPHISOFT, if necessary, informs the recipient(s) about the correction, and draws the attention of data subject to the need to also initiate the correction of data.

Except for data management ordered by law, You may request the deletion of Your Personal Data. GRAPHISOFT informs You about the deletion. Controller may refuse the deletion of Personal Data if the data management is based on law, and if the data management is required for the legitimate interests pursued by GRAPHISOFT. In case of refusal for deletion, GRAPHISOFT informs You about the reason of such refusal.

Should GRAPHISOFT fail to fulfill Your request regarding correction, blocking or deletion, it shall provide the reasons and legal grounds for rejecting the request within a period of 30 days following the receipt of the request. Should the request for correction, blocking or deletion be rejected, GRAPHISOFT shall notify the data subject of the opportunities available to seek legal redress via the courts and on help available from the National Authority for Data Protection and Freedom of Information (“Authority”).

In case of information, correction, deletion, or objection, GRAPHISOFT acts in accordance with the applicable legislation. In case of infringement, the data subject may request the investigation of the superior of the person acting on behalf of the data controller, and may contact the internal data protection officer appointed at the controller.

In case of violation of rights, the data subject may turn to court and enforce his/her rights under the Act CXII of 2011 on Informational Self-Determination and Freedom of Information and the Civil Code.

The data subject may turn to the National Authority for Data Protection and Freedom of Information in case of violation of his/her right for protection of personal data, and request the inspection of the Authority.

GRAPHISOFT can be held liable for any damage resulting from the unlawful control of the data, if such damage has been proven as prescribed in the applicable laws.

The data controller shall be obliged to compensate for damages caused to the data subject as an outcome of the unlawful control of its data or a breach of data security requirements. GRAPHISOFT is also responsible for any damage caused by the data processor to the data subject. GRAPHISOFT shall be exempt from liability should it be able to prove that the damages were caused by circumstances beyond its immediate control. Damages do not need to be compensated if they ensued from the deliberate or serious negligence of the aggrieved party. For the general civil liability of GRAPHISOFT, the provisions of Civil Code shall apply.

General provisions

The validity, interpretation and performance of this Privacy Policy and any dispute connected herewith shall be governed and construed in accordance with the laws of Hungary. The Hungarian ordinary courts have exclusive jurisdiction in any legal disputes arising from or in connection with this Privacy Policy.

Who can I contact with questions or concerns?

If you have a privacy question or complaint, please email us at privacy@graphisoft.com.

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