Your privacy is important to us. It is bimspot’s policy to respect your privacy regarding any information we may collect from you across our website bimspot.io, and of the bimspot platform cloud.bimspot.io and all other sites we own and operate.
1. Information we collect
We may ask for personal information, such as your:
- Last name
- Company and function
2. Legal bases for processing
We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.
These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
- it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
- it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
- we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).
We don’t keep personal information for longer than it is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.
3. Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their and improve our services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators; and
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.
4. International transfers of personal information
The personal information we collect is stored and processed in the European Economic Area, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.
We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.
Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.
5. Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Notification of data breaches: We will comply laws applicable to us in respect of any data breach.
Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
7. Third party software
We do track your activity and behaviour on bimspot.io, cloud.bimspot.io, ifc-checker.com, ifc-view.com, start-bimspot.com the bimspot platform and all other sites we own and operate using Google Analytics. This allows us to get insights on how users interact with our website and serve as a base for improvements.
Google Tag Manager (GTM)
We use Mailchimp to keep track of email addresses stemming from signups for our newsletter and waiting lists. We keep a contact list using this service, which is updated regularly and users are added and removed based on whether they opt-in or opt-out of specific emails or other communication they receive from bimspot.
Facebook conversion pixels
We use the “Custom Audience pixel” of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. With its help, we can keep track of what users do after they see or click on a Facebook advertisement. This enables us to monitor the effectiveness of Facebook ads for purposes of statistics and market research. Data collected in this way is anonymous to us, which means we cannot see the personal data of individual users. However, this data is saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy. You can allow Facebook and its partners to place ads on and outside of Facebook. A cookie can also be saved on your device for these purposes. Please click here if you would like to withdraw your consent.
We use Userlane to create interactive tours of bimspot to show you how to get the best out of it. No personal data is shared with this platform.
8. Business transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
9. Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Inviting: We do support users inviting other users to their project spaces, however bimspot is not liable if a foreign persons presence in the project space leads to data loss or compromisation.
Definition of an invite: Anyone who owns a user account on bimspot platform is able to send out email invitations straight from the platform to invite other users and non-users to their project space.
The moment an invitation is send out by pressing “Invite” and entering an email address, the person responsible for the actions (for example stolen project/ model information) of the invited user is the user who owns the project space/ user account, which the newly invited person was given access to.
Bimspot is not responsible for any of the content uploaded by users to the bimspot platform.
bimspot Data Controller
This policy is effective as of 13 September 2019.
bimspot Terms of Service
- These terms of service (“ToS”) shall apply exclusively to the use of the software-as-a-service solutions in the area building information modelling provided by Smino Austria GmbH (FN 574872 a) (“bimspot”) via the bimspot service platform (the “Platform”), by customers of these services (each a “Customer” and jointly with bimspot the “Parties”) as well as persons authorized by the Customer to use the Platform (the “Authorized Users”).
- The Customer acknowledges these ToS on submission of the order. Conflicting terms and conditions of the Customer or third parties shall only apply if bimspot expressly agrees to such terms and conditions in writing.
- bimspot reserves the right to amend these ToS at any time without prior notice and without stating a reason. bimspot will announce such amendments to the Customer on the Platform or via email. Should the Customer not object to such an amendment within 14 days of receipt of the announcement, the amendment is deemed accepted. If the Customer objects to the amendment version of the ToS, the former version shall remain applicable toward such Customer, whereas in such case bimspot shall be entitled to terminate the contract with such Customer without notice.
2. Contract object
- The subject matter of these ToS is the (payment-based) utilisation of the Platform, which includes the functions described in the product information accessible under https://bimspot.io/product.html.
- The current scope of functions of the solution provided by bimspot depends on the plan chosen by the Customer (i.e. Free, Team or Professional) is shown in the current performance description which can be accessed under https://bimspot.io/pricing.html.
- bimspot reserves the right to alter, restrict and/or extend both the type and the arrangement (including the user interface) as well as the scope of the rights and obligations granted to Customers and Authorized Users (without granting the Customer the right to terminate the contract with bimspot and/or request a discount).
3. Conclusion of contract
- The Customer expresses its willingness and offers to bimspot to enter into a contract regarding the use of the Platform by submitting an order to bimspot. A contract between bimspot and the Customer is not concluded until bimspot confirms the order in writing (via email) or performs the contract by granting access to the Platform (under a Trial / Subscription License as defined below).
- The services offered by bimspot may only be obtained by business enterprises having a valid tax number and are expressly not offered to consumers. By submitting an order to bimspot, the Customer confirms that he is such a business enterprise. In case a contract has been concluded and the Customer is not a business enterprise (i) bimspot may terminate the contract with immediate effect and (ii) shall be entitled to claim for any damages resulting from the conclusion of the contract with the Customer.
- Unless expressly agreed upon otherwise, all offers made by bimspot are non-binding and subject to change. The Customer’s order constitutes the offer with legal effect.
- After the conclusion of a contract, the Customer shall receive a license to use the Platform subject to the terms and conditions set out in these ToS.
- bimspot offers the Customer to try out the Platform free of charge for a limited time period as displayed to the Customer during the order process on bimspot’s website (the “Trial Period”). Within the Trial Period, bimspot grants the Customer a non-exclusive, non-transferable, non-sublicensable and world-wide right to use the Platform (including all materials and documentation) solely for the purpose of testing the functionality of the Platform and subject to the Customer’s fulfilment of its duties and obligations under these ToS (the “Trial License”). The Trial License automatically expires at the end of the Trial Period and will not be granted repeatedly to a Customer. Upon expiration of the Trial Period, bimspot will offer the Customer to purchase a Subscription License.
- The Customer may purchase a non-exclusive, non-transferable, non-sublicensable and world-wide right to use the Platform (including all materials and documentation) solely for the Customer’s business operations and subject to the Customer’s fulfilment of its duties and obligations under these ToS (the “Subscription License”).
- The Customer may authorize its employees and other persons (e.g. third-party project team members) to use the Platform (“Authorized Users”). The Customer shall be responsible and liable for all actions of the Authorized Users on the Platform.
- The Platform may include integrations with web services and application programming interfaces made available by third parties that are accessible through the Platform. Such third-party services and application programming interfaces are subject to the terms and conditions of the relevant third parties; these ToS do not apply to them.
5. Subscription fee and payment
- Unless an individual offer has been made to the Customer, the fee payable by the Customer for the Subscription License (the “Subscription Fee”) is shown in bimspot’s price list (as amended), whereas the Subscription Fee consists of a base fee (depending on the plan chosen by the Customer, e.g. Free, Team or Professional) and the fees for the chosen number of elements for the account (also depending on the plan chosen by the Customer).
- Additional services, such as, updates, support, training and maintenance work are to be commissioned and remunerated separately by the Customer. Costs for ancillary services, in particular those which bimspot does not provide at its place of business, such as travel costs, overnight stays, expenses, daily diets, flat-rate travel costs, overtime services, as well as costs for obtaining permits, fees, other charges, taxes, customs duties or similar are based on actual expenditure and are to be remunerated separately by the Customer.
- Except as otherwise specified, all fees are quoted and payable in Euro and are quoted excluding the statutory value added tax. Payment obligations are non-cancelable, and Subscription Fees paid are non-refundable.
- Unless otherwise agreed upon by bimspot in writing, the Subscription Fee is due and payable 14 days from the Customer’s receipt of the invoice, whereas all payments shall be made free of charges and deductions. Bank transfers are made at the risk of the Customer.
- The Customer shall provide bimspot with complete, up-to-date and accurate billing and contact information. bimspot may provide invoices to an email address provided by the Customer.
- Objections to invoices must be made in writing by the Customer within seven days of the receipt of the invoice, otherwise the invoice shall be deemed accepted.
- In case the Customer fails to pay the Subscription Fee within the stipulated period, bimspot is entitled to (i) charge interest in the amount of 9%% p.a. (ii) lock the Customer’s access to the Platform – without termination of the contract – 14 days after the due date of the Subscription Fee. bimspot’s rights to terminate the contact for cause and/or claim for compensation for incurred damages shall remain unaffected.
6. Term and termination
- The Subscription License is granted on the date of the conclusion of the contract.
- The Subscription License shall be valid for one month from the date of the conclusion of the contract and shall be renewed automatically on a monthly basis, unless either Party gives the other Party written notice of termination till the 15th prior to the end of the applicable month.
- Each Party may terminate the contract with immediate effect in case the other Party:
- becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation of assignment for the benefit of creditors, or
- violates material provisions of these ToS.
7. Proprietary rights
- bimspot and its licensors (as applicable) reserve all right, title and interest in and to the Platform, including all software provided via the Platform, information presented in any form and all intellectual property rights.
- The Customer owns all rights, title and interest in and to the data uploaded to the Platform. The Customer grants bimspot a non-exclusive, non-transferable, non-sublicensable (except as needed for the provision of the services under these ToS), royalty free and worldwide right to access and use the data uploaded by the Customer to the Platform to provide the services under these ToS.
- The Customer is not required to provide any suggestions, enhancement requests, recommendations, feedback ideas, technology, developments, derivative works, or other intellectual property related to the software used in connection with the Platform (“Feedback”). If the Customer does provide Feedback, it grants bimspot a royalty free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate such Feedback into any of its existing or future services or products (including the Platform).
- The Customer shall not be allowed to create derivate works without obtaining bimspot’s prior written consent.
- The Parties agree to keep trade and business secrets strictly confidential. In particular, they undertake to keep all data entrusted to them secret and use such data exclusively within the scope of these ToS. This confidentiality provision remains applicable even after termination of the contract.
- The Customer acknowledges and agrees that bimspot may collect, hold and use data uploaded to the Platform by the Customer (or Authorized Users), in particular building models (IFC models). bimspot may use geometrical metadata in the building models to show metrics on them in order to (i) enable the Customer (and Authorized Users) to access and use the Platform, associated applications and associated social media platforms, (ii) contact and communicate with the Customer (or Authorized Users), (iii) keep internal records and perform administrative tasks, and (iv) comply with legal obligations and resolve disputes. Non-project-specific geometrical metadata is stored in abstracted form; it thus cannot be traced back to the original building model.
- bimspot may run analytics on all building models uploaded to the Platform in order to present metrics exclusively to the Customer (and Authorised Users). All building models uploaded to the Platform are stored and managed on AWS servers located in Frankfurt, Germany. bimspot may further utilize anonymised geometrical data of building elements for machine learning purposes.
- Either Party is entitled to publish or otherwise disclose to third parties and the public (including on its website) the fact, type, purpose, and scope of the cooperation for advertising and marketing purposes.
9. Warranties and disclaimers
- bimspot warrants that the Platform will perform substantially in accordance with the documentation made available to the Customer, whereas the Customer shall only be entitled to raise any claims in connection with such warranty if the Customer has completely fulfilled his payment obligations. Warranty claims do not entitle the Customer to withhold his payment obligations.
- Each Party represents that it has (i) the legal power to enter into this contract, (ii) it will use commercially reasonable efforts through the use of anti-virus protection not to transmit to the other Party any disabling code, and (iii) it will comply with all applicable laws with respect to its rights and obligations pursuant to these ToS.
- Except as expressly provided herein, bimspot makes no warranties of any kind, whether express, implied, statutory or otherwise, and specifically disclaims all implied warranties, including but not limited to any warranties of merchantability, non-infringement or fitness for particular purpose, to the maximum extent permitted by applicable law.
- In addition, the Customer acknowledges that service features that interoperate with other systems depend on the continuing availability of those systems’ API and program for use with the Platform. Services provided on the Platform may be impacted, interrupted or cease if any other software provider than bimspot ceases to make its API or program available at all or on reasonable terms or if the software provider experiences an outage or malfunctions, or changes their services, practices or functionality. bimspot shall not be liable and the Customer shall not be entitled to a discount in case of such an impact on, interruption or cessation of respective services.
- bimspot shall not be responsible for any access delays or denials as a result of force majeure or events such as strikes, epidemics, pandemics, lockouts, official orders, breakdown of communication networks or disturbances in telecommunication companies.
- bimspot’s liability for plain gross negligence or slight negligence shall be – to the extent permitted by law – limited to the amount of the last Subscription Fee paid by the Customer. bimspot’s liability for personal injury and damages caused by willful intent or extremely gross negligence shall be unlimited.
- The Customer shall be obliged to check the Platform for freedom from defects and usability (test run) before he uses the Platform commercially and/or operationally. In particular, the Customer shall be obliged to take precautions in the event that the Platform does not function properly, whereas such obligation shall inter alia include the obligation to make a complete data backup in advance and on an ongoing basis in order to be in a position to reproduce data in the event of a malfunction of the Platform resulting in the loss and/or damage of data.
- bimspot shall not be liable for indirect damages and consequential damages, in particular lost profits and claims by third parties. bimspot shall not be liable for damages to the hardware and/or software used by the Customer and/or the Authorized Users to access the Platform and/or loss of data. Furthermore, bimspot shall not be liable for faults caused due to unsuitable or inappropriate use, malfunctions or changes of operating system components, interfaces and parameters, inappropriate organizational resources and data carriers used by the Customer, etc.
- bimspot will not check the contents uploaded by the Customer to the Platform with regard to legal conformity or content accuracy.
- The Customer shall be liable for any infringements and subsequent damage related to the use and the handling of the Platform according to its obligations under these ToS by it or Authorized Users. In case actions of the Customer or an Authorized User results in damages for third parties, the Customer indemnifies and hold harmless bimspot in this regard.
11. Service levels
- bimspot guarantees that the Platform is fully operational 24 hours a day, 7 days a week with an average availability of 95% per calendar month. The maximum permissible downtime, i.e. times during which the Platform is not accessible or does not function substantially as agreed, per month is thus 36 hours per month (“Permitted Downtime”). Minor errors and outages that do not affect the accessibility or functionality of the Platform will not be counted towards Permitted Downtime.
- Upon receiving notification of an error, bimspot will take the necessary error resolution and maintenance measures without undue delay.
- If the maximum Permitted Downtime is exceeded in a calendar month, bimspot grants a 10% reduction of the equivalent monthly Subscription Fee for each commenced day that the Platform remains unavailable after expiry of the Permitted Downtime, however, no more than 50% of the equivalent monthly Subscription Fee.
- The following times, during which the Platform may not be accessible or function as agreed, will not be counted towards Permitted Downtime:
- maintenance and support windows communicated on the Platform at least three days in advance;
- any system, software, network or hardware failure that occurs outside of bimspot’s sphere of influence or is caused by force majeure; and
- any outages or errors that have been caused by the Customer or Authorized Users, in particular by incorrect operation, violation of technical guidelines or use of incompatible devices.
- bimspot may at any time and without notice suspend or limit use of the Platform if continued use may result in material harm to the Platform or its users. bimspot will promptly notify the Customer of the suspension or limitation. bimspot will limit a suspension or limitation in time as scope as reasonably possible under the circumstances. Such times of suspension or limitation will not be counted as Permitted Downtime.
12. General provisions
- The Customer shall not be entitled to offset any counterclaims against the claims of bimspot or withhold payments due to alleged deficiencies.
- These ToS are governed exclusively by Austrian law excluding private international law and the UN Convention on Contracts for the International Sale of Goods.
- The place of performance for all services provided by bimspot shall be at the seat of bimspot in Austria.
- For all disputes arising from or in connection with contractual relations with bimspot on the basis of these ToS – including disputes about the existence or non-existence of a contract between the Customer and bimspot or the violation, dissolution or nullity of a contract – the jurisdiction of the court with jurisdiction in commercial matters for the first district of Vienna (Wien – Innere Stadt) is agreed.
- Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. Instead, a legally effective provision shall be deemed to have been agreed which comes as close as possible in legal and economic terms to the invalid provision.
- Alterations, amendments and ancillary agreements to these ToS require the written form in order to be valid. This is equally true for agreements to waive this formal requirement.