General Terms of Use

Créez et publiez vos objets et de données pour le BIM

BIM&CO General Terms and Conditions of Use

Object

These General Terms and Conditions are meant to define the ways in which the services of the BIM&CO Platform, hereafter "the Platform," are made available, as well as the Conditions of their Use by the User.

Any access and/or use of the Platform constitutes an acknowledgement and unconditional acceptance of all of these Terms and Conditions. They are, therefore, a contract between BIM&CO and the User.

If the User does not agree to all or part of these general terms and conditions, he is requested not to use the Platform in any way.

Legal disclaimers

The Platform is edited and maintained by : 

BIM&CO SAS with a capital of  904.232 €, headquartered  at Parc Eco Normandie 76430 Saint Romain de Colbosc – France. Telephone : +33(0)232 794 426,
registered to the local registration office in Le Havre SIRET N°81000094300011 and declared to the CNIL (French national committee on data processing and personal liberties) under number 1918671.
The publication director is Mr Etienne MULLIE, CEO
The hosting company is OVH

Definitions

Words and definitions which are described hereunder are used in the conditions and terms.

BIM&CO : represents BIM AND CO SAS Company

BIM&CO Platform : functionalities and public content found in the database and which are published by Users

Intellectual Property : all rights linked to the Intellectual Property and related, including Author Rights, brands, patents, drawings and models, company names and domain name.

Content :all content (digital models, files, data, comments,…) published on the Platform and stored in its database.

Data : all or part of the Content according to the situation.

User : Platform registered member who publish or use data, user can  be associated to a company, a partner, a manufacturer or for his own use. 

BIM Object : on the BIM&CO website, a BIM Object represents all data, documents and models which are necessary to describe a real object, which is posted by a User.

BIM object author : User who posts content, a BIM object.

Manufacturer : company which design and make products.

BIM&CO community : represents all, a part of the Users, or one of them according to the environment.

Upload : download Data within BIM&CO Platform servers.

Download : recover Platform’s content in a user workspace.

Data enhancement : additional content uploading process to a BIM object by an user and not by the Author.

API WEB Services : allow processing platform data  

BIM&CO Database : all platform data are placed in a database which is stored on the Cloud servers.

Access conditions to services

Services Provided

BIM&CO is a collaborative platform dedicated to the digital mock-up content for architects, engineers, designers, technicians, economists, buyers, project managers, schools, training center as well as all BIM actors (BIM).

BIM&CO platform allows all BIM actors to publish and use digital content as described hereunder:

  • 3D and 2D geometric models from different software
  • Properties
  • General documents
  • Frames
  • Links and other information

This digital content shows, or is related to real objects, which are generic or designed by a manufacturer. Object can be generated by applications or configurator.
The content can be treated by external apps (plugin, driver…) or via API Programs or WEB Services.
The available content which is proposed on BIM&CO can be provided by manufacturers, website users, identified company users, and identified partners which are named Content Partner or Software Partner. The BIM&CO Platform is collaborative and aims to publish as much as possible high quality content in advancing design and content use, encouraging exchanges between community platform members. Therefore, Platform data can be public and visible by all users’ community or, private and only visible to people who have been authorized by the private space administrator.

If an author publishes or updates content, he has to be identified on the Platform. Its full contact information is known. Authors and users can chat directly.

BIM&CO is responsible for promoting and facilitating the platform, encouraging the best practices spreading, developing solutions of using data as well as having its platform community members’ rights respected

Access to services

The Service is accessible at no charge to any User with Internet access.
This mode of operation has been chosen to foster the worldwide uptake of the Platform and thus offer a platform where all manufacturers and organisations offering BIM objects can be welcomed.
Premium memberships are however available so that members can access added value services.
To consult, publish or update content, the User must be identified by the Platform following his/her online registration and choice of a password.

Community uploading data

Generalities

Content available on the Platform results from the whole downloads which are made by the Community using either the publishing content assistant, or the automatic publishing process (from template files) or API / WEB Services supplied by BIM&CO.

A Platform User, registered with its login, when publishing content becomes the Author of its content. Henceforth, Content which is posted by a community User is under its sole and exclusive responsibility. He must be sure to have all rights requested to publish this content.

BIM&CO will not undertake to check that Content on the Platform is not breaking either author rights or Intellectual Property. If a User thinks that his rights are undertaking, he can contact directly the Author and BIM&CO, which will try to resolve the disagreement complying with the law and the Platform spirit.  

BIM&CO makes its best to keep high quality Content to have it directly workable by Users. BIM&CO may control the Content or install an automatic process to check the Content quality level. However, BIM&CO does not have any systematic control on all posted data or if it fits with Users needs.
Furthermore, BIM&CO together with the Community has made guides sharing best practices on making content for digital mock-up use.
BIM&CO can take off content from the Platform for any reason without notice. Content Author, in this case cannot ask for any compensation.

The Users can make comments or suggestions to the Author’s content. They also can propose improvements. These are only provided to help the Author and community members, for a better design and Content use.
It is therefore strictly forbidden to use it to denigrate either the Author or the Platform.

Data types

The BIM&CO Platform contain 3 content types:

Certified Generic : A generic object shows a real world object for which it has not been decided yet who will be the manufacturer.
In the digital mock-up development, Author often does not know who will be the manufacturer, generic object are then used and replaced or updated at the end by a manufacturer object.Generic objects are designed by BIM&CO or its partners and approved in order to ensure that all the required elements are included, allowing the objects to be used.

Official Manufacturer : An official manufacturer posts itself its own data on the platform, either with its team or with a Content partner. Manufacturer is responsible for its data as much as if it was send to its customer via mail or a printed catalogue.

User Content : if a user needs a manufacturer object which is not on the platform, he can design, upload and propose it to the community. It is non-official and does not engage the manufacturer responsibility, the User, who accepts its rule, will have to care about it and have a look at all data before using it.

Using data – Author rights

Authors publish and create data for Bim and other purposes.

The Author authorizes Users to exploit the content for their personal use or through the design or exploitation of projects or digital models.

The Author grants that the content can be modified in order to be adapted to the use of these projects or digital models.

In addition, modified or enhanced content can be re-published on the Platform, either as a new object, if the changes generate a new object, or as an enriched object

If copyright or other legal notices appear on the data or on a document accompanying such data, the User is obliged to respect and enforce these rights.

The content of the Platform cannot be used for publication on another content site.

Any commercial use of the content is strictly prohibited, in particular with a view of providing a similar service.

Downloading in large numbers and / or automating content downloading is also prohibited.

Apart from the use in projects or digital models, the direct transfer of the content to a third party, for a fee or for free, is forbidden.

The transfer of content to a third party must be done using the Platform features.

Registration and personal data

To access the Platform, the User must disclose his identity. He undertakes to provide truthful and accurate information about his identity, his function, as well as the identity and the activity of his company.
By registering on the Platform, the User agrees to receive newsletters by e-mails. However, he could remove himself from the subscribers list at any time (by adjusting his profile preferences, by using the newsletter unsubscribe link or upon request).
Users are informed that BIM&CO, under the CNIL declaration n° 19118671, undertakes automated processing of their personal data. Accordingly, and in accordance with the French data protection legislation of 6 January 1978 ("Informatique et Libertés", Art. 27) as amended by the law of 6 August 2004, data, Users have the right to access, amend, correct and delete personal data held about them. Users may exercise this right at any time by contacting :

BIM&CO
Service de gestion des bases de données utilisateurs
Parc Eco Normandie
76430 Saint Romain de Colbosc
France.

The personal data collected for administration purposes may also be used by BIM&CO and its partners for commercial purposes (solicitation, creation of directories), within the limits imposed by applicable legislation,

BIM&CO can also be liable to forward this data to manufacturers registered on the Platform, whose catalogues have been downloaded. However, Users may object to such transfer by indicating such using the abovementioned contact point.

Each user account must be used only by the registered person (via his name and e-mail address) and must not be shared with, or transferred to any other individual.

Restrictions on Content and Use of the Platform

The User agrees not to use Platform to :

  • Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • Harm minors in any way
  • Impersonate any person or entity or falsely state misrepresent Suppliers’ affiliation with a person or entity
  • Forge headers or manipulate identifiers to disguise the origin of any Content transmitted through the service
  • Upload, post, or transmit any Content without the right to transmit such Content under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • Upload, post, or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  • Upload, post, or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Interfere with or disrupt the Platform service or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Platform
  • Stalk or harass another user
  • Collect or store personal data about other users
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; this may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons
  • Use the Platform as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site

Warranties - Limitation of Liability

Although BIM&CO makes its best efforts to provide reliable site and services, the User should be aware that the security of data on Internet cannot be entirely guaranteed. The services are therefore furnished « as is ». Also, considering that it is not possible to guarantee the accessibility of the site at all times because of the specific technical conditions of Internet, BIM&CO cannot be held responsible of imponderables, beyond its control.

By using the Platform, the User acknowledges that :

  1. BIM&CO does not guarantee the accuracy, integrity, or quality of the data or guarantee that such data is free of viruses, or harmful code
  2. He is responsible for evaluating and bearing all risks associated with the use of any data, including any reliance on the accuracy, completeness or usefulness of such data
  3. Under no circumstances will BIM&CO be held liable in any way for any content or arising from content, including but not limited, to any errors or omissions in any content or for any loss or damages of any kind incurred as a result of the use of any content, including harm from viruses or harmful code

As a consequence, in no event BIM&CO shall be liable for any special, indirect, exemplary, incidental, consequential, or punitive damages (including but not limited to any damages resulting from loss of use, loss of data, loss of profits, or loss of business) arising out of or in connection with the provisions of the Platform
Thereupon, the use of the services or the downloading or other acquisition of any content through the Platform is done at the User’s own discretion and risk, and with his agreement that he will be solely responsible for any damage to his computer system or loss of data that results from such activities

Links to third parties websites

BIM&CO provides links to websites operated by other parties as a convenience to the User. However, BIM&CO does not monitor nor control the content and assumes no responsibility or liability of any kind for any material or communications available at such websites.

Termination

BIM&CO may, in its sole discretion and without prior notice, remove or disable  the User’s access to the Platform if it is made aware of data that may be  (i) libellous, obscene, excessively violent, scandalous, defamatory, or that BIM&CO determines to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein.

Notifications

The User agrees that any notification made under the present General Terms and Conditions of Use should be submitted by non-coded emails. This is of particular relevance for emails containing confidential data on the User, such as a password due to an oversight.

Applicable law and jurisdictions

These Terms and Conditions comply with French Law.  

Assignment of jurisdiction in case of dispute, and failing amiable settlement between the parties, shall be to the competent law courts of LE HAVRE (France).

Privacy Policy

Introduction

BIM&CO is a SAS with a capital of 904 232 €, headquartered at Parc Eco Normandie 76430 Saint Romain de Colbosc – France. Telephone : +33(0)232 794 426, and registered to the local registration office in Le Havre SIRET N°81000094300011.
BIM&CO is responsible for the collection and processing of the Users’ personal data.

1. Scope of this privacy policy

This Privacy Policy sets forth the principles and guidelines governing the protection of the Personal Data (as defined below) collected by BIM&CO “ the Company “ on or through the Platform and concerning the Users.
Personal data means any information that may result in the identification of an individual. Non-Personal data means any information that does not result in the identification on an individual.
The Platform’s Terms of Use are incarnated into this Privacy Policy. Therefore, the use of the Platform and any personal data the User provides on it are subject to the terms of this Privacy Policy and those Terms of Use.

2. Data collected

2.1 Personal information

BIM&CO, under the CNIL declaration n°1918671, undertakes automated processing of the Users’ personal data in accordance with the French data protection legislation of 6 January 1978 ("Informatique et Libertés", Art. 27) as amended by the law of 6 August 2004.
The User provides personal information on a voluntary basis. It can include :

  • First name and last name
  • Email address
  • Login and password
  • Any other data as may be relevant for the purposes listed at article 3

The Users’ personal data collected by BIM&CO provides from :

  • Voluntary registration of an email address for receiving newsletters
  • Entering personal data during the registration on the Platform
  • Data provided by navigation via cookies

As mentioned above, BIM&CO can collect personal data online but also offline (e.g., via a business card voluntarily given to a BIM&CO employee) and this Privacy Policy is applicable regardless of the means of collection.

2.2 Non-personal information

BIM&CO can use tools and software which collect non-personal data through the User’s computer, in accordance with applicable law.
These data are anonymous, aggregated and cannot be assigned personal data.
They can include, for instance information on BIM objects and projects and are used for analysis and statistics purposes and/or improvements of BIM&CO services (as BIM&CO Analytics, mentioned below).

3. Purposes of personal data collection

Personal Data is generally collected to carry out the business of BIM&CO, such as improving marketing and advertising efforts, better tailoring Platform’s features and services and, better meeting customers’ needs and complying with reporting requirements.
Personal data can be used to :

  • Enable the User to request information
  • Allow the User to open and maintain an account
  • Enable the User to subscribe to a commercial or assistance service

Besides, by providing his email address, the User authorises BIM&CO to send him messages for commercial or marketing purpose (such as newsletters), but also for administrative purpose.
Furthermore, BIM&CO may use cookies which collect or store Personal Data to improve services (full presentation below).

4. Cookies

4.2 Presentation

Cookies are small pieces of information or text that are issued to the User’s computer when he visits a website and are used to store or track information about his use of the site. 
BIM&CO uses cookies to collect and store certain information, enhance the User’s browsing experience and make his interactions with the Site more meaningful.
BIM&CO uses both permanent cookies and temporary cookies.
Temporary cookies exist only during the User session and expire when the User logs off from the platform whereas permanent cookies are files that stay in order to be used during subsequent visits

4.2 Functionalities

BIM&CO uses different types of cookies :

  •  Session cookies : whom determine whether the User has visited the Website before and hence without requiring his user name and password once again
  • Statistics cookies : whom analyse data to help Trace Software International understand how people interact with services so the Company can make them better and whom Measure the number of people using the Website
  • Communication cookies : whom allow the User to use the Platform chat module
  • Advertising management cookies : whom can exclude the User from advertising campaign

4.3 Google Analytics

BIM&CO uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) whom helps the Company analyse how Users use the site.
The information generated by the cookie about the interactions of the User with the Platform (including his IP address) will be transmitted to and stored by Google on servers in the United States.
Google will use this information for the purpose of evaluating the use of the Platform, compiling reports on website activity for BIM&CO and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. If so, Google will not associate the User’s IP address with any other data held by Google.

4.4 Acceptance of cookie

The User will be notified the first time he receives a cookie, and then will have to decide whether to accept or refuse it.
By continuing to use the site in consideration of the above, the User expressly authorizes BIM&CO to use such cookies. 
The User may also decline to accept cookies by configuring his browser. However, by doing so, it may impact on the functionalities of the Platform and the User may be unable to access certain parts of the Website.

5.Personal data processing and storage term

Processing of Personal Data includes using, storing, recording, transferring, adapting, summarizing, amending, reporting, sharing and destroying Personal Data as necessary under the circumstances or as otherwise required by law.
All Personal Data that will have been collected by BIM&CO will be stored for the entire duration of the contractual relationship, starting with the creation of a User account. Data will be then kept for archival purposes.

6. Right of access and rectification of the data

In accordance with the French data protection legislation of 6 January 1978 ("Informatique et Libertés", Art. 27) as amended by the law of 6 August 2004, data, Users have the right to access, amend, correct and delete personal data held about them. Users may exercise this right at any time by contacting :

  • BIM&CO
    Service de gestion des bases de données utilisateurs
    Parc Eco Normandie – 76430 Saint Romain de Colbosc – France.
  • By e-mail : contact@bimandco.com

The request must be accompanied with a copy of a valid identity document and will be processed within two months of receipt.
Users are recalled that unreasonable request may be punished by law.
In certain cases, the User may exercise his rights directly :

  • Via his session on the Platform  https://www.bimandco.com/en/session/login
  • Via the unsubscribe link of the email-newsletter
  • By preventing cookies from being saved on his computer (see Article 4.4 above)

7. Data security and recipients

BIM&CO undertakes to ensure the protection and security of Personal Data that the User chooses to communicate, in order to ensure the confidentiality of his Personal Data and prevent them from being distorted, damaged, destroyed or disclosed to unauthorized parties.
BIM&CO maintains reasonable physical, electronic, and procedural safeguards to protect Personal Data from loss, misuse and unauthorized access, disclosure, modification, and destruction.
However, while BIM&CO tries to protect Users’ Personal Data, in light of the inevitable risks of data transmission over the Internet, the Company cannot guarantee full protection against any error occurring during the course of Personal Data transmission that is beyond its reasonable control.
Since Personal Data may be confidential, access is limited to employees and contractors, of BIM&CO who have a need to know such data in carrying out their tasks. All the people who have access to Personal Data are bound by a duty of confidentiality and subject to disciplinary actions and/or other sanctions if they fail to meet these obligations.

The User is responsible for the confidentiality of his password and information appearing on his account.

8. Transfer of data

BIM&CO may disclose Personal Data to third parties if it considers that such disclosure is necessary for technical reasons (such as hosting services by a third party) or to protect the Company’ s legal interests.
Therefore, by accessing such content, the User consents to BIM&CO sending his Personal Data to the content owner and acknowledges that this Data will be processed by the content owner in accordance with its own privacy policy.
BIM&CO may also disclose such personal information if required by law or if it believes in good faith that such disclosure is reasonably necessary to comply with legal process, or protect the rights, property, or personal safety of BIM&CO, its customers, or the public.
These transfers may be transmitted by any method that BIM&CO considers appropriate and in accordance with applicable law.
Furthermore, BIM&CO can share Personal Data with Manufacturer whose content is consulted by Users. Indeed, all actions carried out on the objects in the Platform are stored in the database and allow an analysis or various uses to be published as statistics.
It allows the Manufacturers to see trends in real time from their Manufacturer page or see the full reporting with various reports, and giving them access to Users for their commercial follow-up. Therefore, by accessing such content, the User consents to BIM&CO sending his Personal Data to Manufacturers and acknowledges that this Data will be processed by them in accordance with their own privacy policies.

9. Links to third parts websites and social medias

BIM&CO provides links to websites operated by other parties as a convenience to the User. However, BIM&CO does not monitor nor control their content and assumes no responsibility or liability of any kind concerning their protection of Personal Data.

10. Modification to the Privacy Policy

BIM&CO reserves the right to modify the terms and conditions of this contract at any time. Therefore, the User is advised to regularly consult the latest version of this Policy.

11. Contact

For any additional question concerning the Privacy Policy or his Personal Data, the User may send an email to contact@bimandco.com