1.
Scope of application
This data protection information applies to the website www.points2bim.de including all subpages and the subdomains app.points2bim.de and join.points2bim.de.
2.
Person responsible
We, Points2BIM GmbH, Reichsstraße 48, 09112 Chemnitz, are responsible for the processing of your personal data within the meaning of the General Data Protection Regulation (“GDPR” for short) and national data protection laws of the member states as well as other data protection regulations. We take data protection seriously.
3.
Definition
For the purposes of this data protection information
Inquiry data
personal data, which you provide to us when using the contact form, when contacting us by e-mail or otherwise when contacting us or making an inquiry outside of a contract;
Browser data
personal data, which your browser automatically transmits to our web server when you visit our website and which our web server stores at least for the duration of your visit, namely your IP address, date and time of your visit, time zone difference to Greenwich Mean Time (GMT), pages visited on our website, access status/HTTP status code, the website from which you accessed our website, the operating system you are using, the browser you are using including version and language, the amount of data transferred and, if JavaScript is activated in your browser, your screen resolution, color depth and the size of the browser window;
Cookie
Text file that is temporarily or permanently stored on your end device and through which we or other recipients receive certain information; this text file cannot execute programs or transmit viruses to your computer;
Non-EU country
a country outside the European Union or a country that is not a signatory to the Agreement on the European Economic Area;
Google Fonts
Fonts provided by the Google Group for free use;
Google-Group
Companies of Google LLC (formerly Google Inc.), Google Ireland Limited or other affiliated companies of Google LLC;
Click rate
Percentage figure that indicates the proportion of clicks on buttons or links in a newsletter in relation to the total number of newsletters sent;
Log file
File stored on a web server in which browser data is logged;
Newsletter dispatch data
personal data that you provide when subscribing to our newsletter, in particular your e-mail address, as well as data to measure the success of an e-mail campaign, which we collect from you pseudonymized via tracking pixels;
Opening rate
Percentage figure that indicates the proportion of newsletter emails opened in relation to the number of newsletter emails delivered;
Registration data
personal data that is collected when a user account is created, in particular e-mail address;
Tags
small code elements on our website that are used, among other things, to measure traffic and visitor behavior, measure the impact of online advertising and social channels, use remarketing and targeting, and test and optimize our website;
Tracking-Pixel
Small, practically invisible image files embedded in an e-mail that are automatically loaded when the e-mail and the images and links embedded in the e-mails are opened and store browser data in a log file and track whether and when you call up the embedded images and links;
Contract data
personal data that you provide, in particular during the ordering process.
In addition, this data protection information uses the terms processor, third party, recipient, personal data, controller and processing as legally defined in the GDPR, which can be viewed at https://dejure.org/gesetze/DSGVO/4.html, for example.
4. Inquiry data
4.1
We process your inquiry data to answer your inquiries on the basis of Art. 6 para. 1 sentence 1 lit. a) or b) GDPR and only insofar as this is necessary for processing your inquiry.
4.2
We will pass on your inquiry data as described in the following paragraphs.
4.2.1
We use the following processors to process the inquiry data.
– We have commissioned HubSpot, Inc., 25 First Street, Cambridge, MA 02141 USA to provide and process the inquiry data via our contact form and to subsequently store and process the inquiry data in our CRM system. Your inquiry data will be processed exclusively in the European Union. A transfer of your inquiry data to the USA is contractually excluded.
– We have commissioned the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland to host our web servers and the associated processing of the request data. Your request data is hosted exclusively in the European Union. A transfer of your request data to the USA is contractually excluded.
4.2.2
The request data will not be passed on to other recipients, in particular third parties. There are also no plans to transfer your request data to another third country or to an international organization.
4.3
Your inquiry data will only be stored for as long as knowledge of the data is required for the complete processing of your inquiry or the purposes for which it was collected and will be deleted immediately unless further processing, in particular storage, is required by law, storage is necessary for reasons of proof (e.g. to assert claims or to defend against possible claims for damages) or you have given your express consent or a legal authorization.
5. Registration data
5.1
In order to use the app.points2bim.de subdomain, it is mandatory to create a user account, and the legal basis for processing the registration data is Art. 6(1) sentence 1(b) and (f) GDPR. The processing of your registration data is necessary to use the BIM model.
5.2
We will pass on the registration data as described in the following paragraphs.
5.2.1
We use the following processors for the processing of registration data:
We have commissioned Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland to host our web servers and the associated processing of registration data. Your registration data is hosted exclusively in the European Union. A transfer of your registration data to the USA is contractually excluded.
5.2.2
The registration data will not be passed on to other recipients, in particular third parties. A transfer of your contract data to another third country or to an international organization is not planned.
5.3
Your registration data will only be stored for as long as knowledge of the data is required for the purposes of fulfilling the contract or for the purposes for which it was collected and will be deleted immediately unless further processing, in particular storage, is required by law, storage is necessary for reasons of proof (e.g. to assert claims or to defend against possible claims for damages) or you have given your express consent or a legal authorization. You can also change and delete your registration data in your user account at any time.
6. Contract data
6.1
We process your contract data for the purposes described in the following paragraphs and on the basis of the following legal bases.
6.1.1
We process your contractual data for the establishment, execution and amendment of the contractual relationship on the basis of Art. 6 para. 1 sentence 1 lit. b) GDPR.
6.1.2
We may also process your contract data on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR in order to inform you by means of direct advertising about other products from our portfolio that are suitable for you. Without your consent, we will of course only do this in letter form. You can object to the processing of your contract data for direct marketing purposes at any time (section 14.3).
6.2 We will pass on your contract data as described in the following paragraphs.
6.2.1
The transfer of your contract data for the purpose of contract fulfillment is based on Art. 6 para. 1 sentence 1 lit. b) GDPR; recipients of such data are.
6.2.2
Due to legal obligations, we pass on your contract data to public authorities (e.g. law enforcement authorities, authorities that prosecute administrative offenses subject to fines and the tax authorities) on the basis of Art. 6 para. 1 sentence 1 lit. c) GDPR in conjunction with the relevant legal basis.
6.2.3
Exceptionally, we will pass on your contract data to third parties on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR insofar as this is necessary for the assertion of or defense against claims on our part and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data.
6.2.4
Otherwise, we will only pass on your contract data to third parties if you have given us your express consent to do so; the legal basis for this is Art. 6 para. 1 sentence 1 lit. a) GDPR in conjunction with Art. 7 GDPR. Art. 7 GDPR.
6.2.5
We use the following processors for the processing of contract data.
– We have commissioned Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, to host our web servers and the associated processing of contractual data. Your contract data is hosted exclusively in the European Union. A transfer of your contract data to the USA is contractually excluded.
– If we are commissioned to post-process the automatically generated BIM model, we sometimes use subcontractors who receive the project information (project name and GEO coordinates) to finalize the BIM model.
– When processing your contract data for direct marketing purposes, we use the marketing tool of HubSpot, Inc, 25 First Street, Cambridge, MA 02141 USA. Your contract data is processed exclusively in the European Union. A transfer of your contract data to the USA is contractually excluded.
6.2.6
The contract data will not be passed on to other recipients, in particular third parties. A transfer of your contract data to another third country or to an international organization is not planned.
6.3
Your contract data will only be stored for as long as knowledge of the data is required for the purposes of fulfilling the contract or for the purposes for which it was collected and will be deleted immediately, unless further processing, in particular storage, is required by law, storage is required for reasons of proof (e.g. to assert claims or to defend against possible claims for damages) or you have given your express consent or a legal authorization.
7. Newsletter delivery data
7.1
We process your newsletter delivery data for the purposes described in the following paragraphs and on the basis of the following legal bases.
7.1.1
We process your newsletter delivery data, which may include both mandatory and voluntary information (e.g. to address you personally, to personalize the content of the newsletter and to be able to better clarify queries about the e-mail address), to send our newsletter on the basis of Art. 6 para. 1 sentence 1 lit. a) GDPR in conjunction with Art. 7 GDPR.
7.1.2
We use the so-called “double opt-in procedure” for sending the newsletter, i.e. we will only send you the newsletter if you first confirm your registration via a confirmation e-mail sent to you for this purpose by means of a link contained therein. This is to ensure that only you, as the owner of the e-mail address provided, can register for the newsletter. You must confirm this within 24 hours of receiving the confirmation e-mail, otherwise your newsletter registration will be automatically blocked in our database and deleted after one month. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. In addition, we store your IP addresses used and the times of registration and confirmation on the basis of Art. 6 para. 1 sentence 1 lit. c) GDPR. The purpose of the procedure is to be able to prove your registration and, if necessary, to clarify any possible misuse of your personal data.
7.1.3
We would like to point out that we evaluate your user behavior when sending the newsletter on the basis of Art. 6 para. 1 sentence 1 lit. a) GDPR. The emails sent contain tracking pixels for this analysis. We use the tracking pixels to measure the opening and click rate. These are important key figures in email marketing. They provide information about how successful an email campaign is.
7.2
We will pass on your newsletter mailing data as described in the following paragraphs.
7.2.1
We use the following processors for the processing of newsletter dispatch data.
– We use the marketing tool of HubSpot, Inc, 25 First Street, Cambridge, MA02141 USA to process the newsletter dispatch data. Your newsletter dispatch data is processed exclusively in the European Union. A transfer of your newsletter mailing data to the USA is contractually excluded.
– We have commissioned the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland to host our web servers and the associated processing of the newsletter dispatch data. Your newsletter mailing data is hosted exclusively in the European Union. A transfer of your newsletter mailing data to the USA is contractually excluded.
7.2.2
The newsletter dispatch data will not be passed on to other recipients and in particular third parties. Under no circumstances will we disclose your newsletter mailing data to third parties for advertising or marketing purposes unless you have expressly consented to this. There are no plans to transfer your newsletter mailing data to another third country or to an international organization.
7.3
You can also prevent the sending of further newsletters and/or the use of tracking pixels at any time after registering for the newsletter by withdrawing your consent. To do so, you can either send us an informal email to datenschutz@points2bim.de or use the link at the end of the newsletter to withdraw your consent, without affecting your other rights under section 14.
7.4
Your newsletter mailing data will be stored until you revoke your consent (Section 7.3) and deleted immediately, unless further processing, in particular storage, is required by law, storage is necessary for reasons of proof (e.g. to assert claims or to defend against possible claims for damages) or you have given your express consent or a legal authorization. Once we have received your revocation, we will no longer send any news to the corresponding e-mail address. However, we will store this e-mail address in a “blacklist” to prevent future e-mails from being sent after you have withdrawn your consent. The legal basis for the further processing of this e-mail address for this purpose is Art. 6 para. 1 sentence 1 lit. f) GDPR and Art. 6 para. 1 sentence 1 lit. c) GDPR in conjunction with the accountability obligation pursuant to Art. 5 para. 2 GDPR.
8. Browser data
8.1
We collect browser data every time you visit our website. We do not link the browser data with your other personal data.
8.2
We use the browser data to display our website to you and to ensure the stability and security of our website on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR. In particular, we need the browser data in order to detect and rectify or ward off malfunctions and attacks on our information technology systems.
8.3
We will pass on your browser data as described in the following paragraphs.
8.3.1
Browser data is passed on to Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) in the context of the use of Google Analytics (Section 10), the use of Google Tag Manager (Section 11) and the integration of Google Fonts (Section 12).
8.3.2
If investigative measures are initiated due to an attack on our information technology systems, the browser data may be passed on to state investigative bodies. The same applies if the relevant authorities or courts send us inquiries and we are legally obliged to answer them.
8.3.3
We use the following processors for the processing of browser data.
We have commissioned Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, to host our web servers and the associated processing of browser data. Your browser data is hosted exclusively in the European Union. A transfer of your browser data to the USA is contractually excluded.
8.3.4
Browser data will not be passed on to other recipients, in particular third parties. A transfer of your browser data to another third country or to an international organization is not planned.
8.4
The IP address is only stored for the duration of your use of the website and is then immediately deleted or anonymized by shortening it. The remaining browser data, including the anonymized IP address if applicable, is stored in a log file. The log file is deleted after two days.
9. Cookies
9.1
We only use technically necessary cookies.
9.2
We process your data collected by means of cookies on the basis of the legal bases described in the following paragraphs.
9.2.1
The setting of technically necessary cookies, i.e. those that are absolutely necessary for the functioning of our website, is permitted under Section 25 (2) No. 2 TTDSG.
9.2.2
The data collected by means of technically necessary cookies is used on the basis of Art. 6 para. 1 sentence 1 lit. f) GDPR.
9.3
A transfer of your data collected by means of cookies is carried out by us as described in the following paragraphs.
9.3.1
We use the following processors to process the data collected using cookies.
We have commissioned the company Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland to host our web servers and the associated processing of the data collected using cookies. Your data collected by means of cookies is hosted exclusively in the European Union. A transfer of your data collected by means of cookies to the USA is contractually excluded.
9.3.2
Your data collected by the cookies will not be passed on to other recipients, in particular third parties, and there are no plans to transfer your data collected by cookies to another third country or to an international organization.
9.4
Technically necessary cookies are automatically deleted at the end of the session, i.e. when you leave our site and close the corresponding browser window.
10. Use of Google Analytics
10.1
We use Google Analytics on this website, a web analytics service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Ireland Limited uses technologies (e.g. cookies, scripts, pixels) that analyze your activities on our website. To measure and evaluate your activities on our website, Google Ireland Limited also uses artificial intelligence, in particular machine learning, by applying algorithms, in particular to analyze your behavior across devices. During your visit to our website, the following data is collected in addition to your browser data: the length of stay, clicks, scrolling behavior, search terms used by visitors to find the website, sources of visits – through links or search engines – demographic characteristics, such as language and location, content that visitors have viewed on the site, the devices that visitors use. Your IP address is stored in abbreviated form so that it can no longer be directly assigned to a specific person.
10.2
Google Ireland Limited thus evaluates your use of the website, compiles reports on website activity for us and provides us with other services relating to website activity and internet usage. You can find more information at https://policies.google.com/privacy, www.google.com/policies/privacy/partners/, https://marketingplatform.google.com/about/analytics/terms/de/ and https://policies.google.com/technologies/cookies.
10.3
We use Google Analytics to analyze and improve our website and to measure the success of our marketing campaigns. We are interested in using the statistics obtained to improve our offer and make it more interesting for you as a user. To use Google Analytics, you must give us your consent in advance. The legal basis for the use of Google Analytics is Art. 6 para. 1 sentence 1 lit. a) GDPR in conjunction with Art. 7 GDPR. Art. 7 GDPR.
10.4
We have concluded a data processing agreement with Google Ireland Limited as our processor, which obliges Google Ireland Limited to respect the protection of your data. Google Ireland Limited is part of the Google Group. This means that it cannot be ruled out that your data will be passed on by Google Ireland Limited to other companies in the Google Group. Google Ireland Limited has concluded EU standard contractual clauses with the companies in the Google Group to protect your personal data. You can request these from Google Ireland Limited. It cannot be ruled out that your data may also be processed outside the European Economic Area in cooperation with companies of the Google Group. For a large number of countries outside the European Economic Area, there is currently no adequacy decision by the EU Commission within the meaning of Art. 45 GDPR, i.e. it has not been determined that the country-specific level of data protection corresponds to that of the European Union. For the USA, the European Commission has issued an adequacy decision (EU-US Data Privacy Framework) and Google LLC is certified in accordance with the EU-US Data Privacy Framework. Further information on data protection at the companies of the Google Group can be found at: https://policies.google.com/.
10.5
The information generated by Google Ireland Limited about your use of this website is stored for 2 months. The deletion of data whose retention period has been reached takes place automatically once a month.
10.6
You can revoke your consent to the use of Google Analytics in whole or in part at any time with effect for the future by deactivating the use of Google Analytics in the Consent Manager.
11. Use of the Google Tag Manager
11.1
We use Google TagManager on this website, a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Through this service, website tags can be centrally managed by us, and your browser data is also processed by Google Ireland Limited. The Google Tag Manager triggers other tags, which in turn may collect personal data. The Google Tag Manager does not access this personal data. Further information can be found in Google’s terms of use at https://www.google.com/intl/de/tagmanager/use-policy.html and in Google’s privacy policy at https://policies.google.com/privacy.
11.2
The following tags are managed by Google Tag Manager on this website: Google Analytics (section 10). Corresponding explanations for these tags can be found in this data protection information and the legal basis for the use of the Google Tag Manager is Art. 6 para. 1 sentence 1 lit. f) GDPR.
11.3
Google Ireland Limited is part of the Google Group. This means that it cannot be ruled out that your data will be passed on by Google Ireland Limited to other companies in the Google Group. Google Ireland Limited has concluded EU standard contractual clauses with the companies in the Google Group to protect your personal data. You can request these from Google Ireland Limited. It cannot be ruled out that your data may also be processed outside the European Economic Area in cooperation with companies of the Google Group. For a large number of countries outside the European Economic Area, there is currently no adequacy decision by the EU Commission within the meaning of Art. 45 GDPR, i.e. it has not been determined that the country-specific level of data protection corresponds to that of the European Union. For the USA, the European Commission has issued an adequacy decision (EU-US Data Privacy Framework) and Google LLC is certified in accordance with the EU-US Data Privacy Framework. Further information on data protection at the companies of the Google Group can be found at: https://policies.google.com/.
11.4
If you have set or otherwise deactivated cookies, this will be observed for all tracking tags that we use with Google Tag Manager. Your cookie settings will not be changed by Google Tag Manager.
12. Integration of Google Fonts
12.1
For a customer-friendly presentation of our offers, we have integrated Google Fonts, a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, into our website. When you access our website, the Google fonts are loaded by your browser. For this purpose, the browser you use establishes a direct connection to the servers of Google Ireland Limited. The Google fonts are transmitted by Google Ireland Limited directly to your browser and integrated into the website. When you visit the website, Google Ireland Limited receives the information that you have accessed the corresponding subpage of our website. In addition, the browser data is transmitted to Google Ireland Limited. The processing of browser data by Google Ireland Limited is mandatory for the integration of Google Fonts. We have no influence on the further processing of browser data by Google Ireland Limited due to the use of Google Fonts. Further information on Google Fonts can be found at https://developers.google.com/fonts/faq.
12.2
With GoogleFonts we can display the integrated fonts correctly and make our website customer-friendly. We want to achieve a uniform and appealing presentation of our website, short loading times for the user and the maintenance-free and efficient use of fonts. The legal basis for the integration of Google Fonts and the associated transmission of browser data to Google Ireland Limited is based on Art. 6 (1) sentence 1 lit. f) GDPR.
12.3
Google Ireland Limited is part of the Google Group. This means that it cannot be ruled out that your data will be passed on by Google Ireland Limited to other companies in the Google Group. Google Ireland Limited has concluded EU standard contractual clauses with the companies in the Google Group to protect your personal data. You can request these from Google Ireland Limited. It cannot be ruled out that your data may also be processed outside the European Economic Area in cooperation with companies of the Google Group. For a large number of countries outside the European Economic Area, there is currently no adequacy decision by the EU Commission within the meaning of Art. 45 GDPR, i.e. it has not been determined that the country-specific level of data protection corresponds to that of the European Union. For the USA, the European Commission has issued an adequacy decision (EU-US Data Privacy Framework) and Google LLC is certified in accordance with the EU-US Data Privacy Framework. Further information on data protection at the companies of the Google Group can be found at: https://policies.google.com/.
13. Use of SalesViewer® technology
13.1
This website uses SalesViewer® technology from SalesViewer® GmbH to collect and store data for marketing, market research and optimization purposes on the basis of the website operator’s legitimate interests (Art. 6 (1) (f) GDPR).
13.2
For this purpose, a javascript-based code is used to collect company-related data and use it accordingly. The data collected with this technology is encrypted using a non-reversible one-way function (so-called hashing). The data is immediately pseudonymized and is not used to personally identify the visitor to this website.
13.3
The data stored in the context of Salesviewer will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory retention obligations.
13.4
You can object to the collection and storage of data at any time with effect for the future by clicking on this link: https://www.salesviewer.com/opt-out to prevent the collection by SalesViewer® within this website in the future. An opt-out cookie for this website will be stored on your device. If you delete your cookies in this browser, you must click on this link again.
14. Your rights
14.1
If you have given us your consent to use your personal data, you can revoke this consent at any time with effect for the future.
14.2
If personal data is processed for the performance of tasks carried out in the public interest (Art. 6 para. 1 sentence 1 lit. e) GDPR) or to safeguard legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR), you may object to the processing of personal data concerning you at any time with effect for the future for reasons arising from your particular situation. In the event of an objection, we must refrain from any further processing of your data for the aforementioned purposes, unless
– there are compelling legitimate grounds for the processing which override your interests, rights and freedoms, or
– the processing is necessary for the establishment, exercise or defense of legal claims.
14.3
You can object to the processing of your data for the purpose of direct advertising, in particular when sending a newsletter, at any time with effect for the future. In the event of an objection, we must refrain from any further processing of your data for the purpose of direct advertising.
14.4
In the case of an automated individual decision, you also have the right to our personal intervention, to present your own point of view and to contest the automated individual decision in accordance with Art. 22 para. 3 GDPR.
14.5
You also have the right to complain to a data protection supervisory authority about data protection issues.
14.6
In addition, you have the following rights with regard to your personal data:
– Right to information,
– Right to rectification or erasure,
– Right to restriction of processing,
– Right to data portability.