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Privacy policy

Updated on 25/05/2018.

Introduction

This privacy policy defines and informs Users about how BIM AND CO “BIM&CO” uses and protects the personal data that is transmitted to the Company via the BIM&CO Platform (hereinafter the “Platform”). As with the previously outlined General Conditions of Use , any access and/or use of the Platform implies the acceptance of and compliance with the full terms of this Privacy Policy and its unconditional acceptance. It therefore serves as a contract between the Company BIM AND CO and the User.
This privacy policy may be amended or supplemented at any time by BIM&CO, especially with a view to complying with any legislative, regulatory, jurisprudential or technological changes. In such an event, the date of its update will be clearly displayed at the top of this policy. These changes apply to the User as soon as they are published online. The User is therefore advised to regularly consult this privacy policy and the use of cookies in order to learn about any changes.

1. Personal data

BIM&CO is committed to ensuring that the collection and processing of personal information that occurs on the Platform is carried out in accordance with the amended Law No. 78-17 of 6th January 1978 on data processing, files and individual freedoms, hereinafter referred to as the “Data Protection Act”, and with the General Data Protection Regulation of 27th April 2016 (hereinafter “GDPR”).
BIM&CO consequently wishes to inform its users of the following points:

1.1 Definition of personal data

“Personal data” means any information which could lead to an individual being identified.

1.2 Processing of personal data

The processing of personal data includes any activity related to personal data which is carried out manually or using automated means. This can include the collection, recording, organisation, structure, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction of this data.

1.3 Data controller

The data controller is BIM AND CO “BIM&CO”, a simplified joint-stock company with a capital of €1,036,592, registered with Le Havre’s Trade and Companies Register under the number 810 000 943. Its head office is located at Parc Eco Normandie 76430 Saint Romain de Colbosc – France.
Telephone: +33(0)232 794 426.

1.4 Type of data collected

Data is only collected if it is necessary for and relevant to the aims being pursued (principle of proportionality). This can include:

  • Title
  • first name and surname
  • email address
  • login and password
  • any other Personal Information that may be of use for the purposes outlined below in Article 1.5.

Any information that BIM&CO may collect can come from:

  • The voluntary recording of an email address which allows the User to receive newsletters
  • The entry of the User’s personal details when they register on the Platform
  • Data provided by the User when browsing on the Platform via Cookies and other technologies.

The aforementioned data is provided online, but BIM&CO can also collect it offline (using a discount card which is voluntarily given to a company employee, for example).
This privacy policy will therefore apply regardless of how the data collected.
"Niet-persoonlijke gegevens" betekent alle informatie die niet resulteert in de identificatie van een persoon.Furthermore, BIM&CO can use tools and software to collect non-personal data via the User’s terminal and in compliance with existing legislation.
“Non-personal data” refers to any information which does not lead to an individual being identified.
This data is anonymous, processed in aggregate form, and is not related to any of the User’s personal data. This can include, for example, information about BIM objects and projects, and it is used, as with the processing of personal data via BIM&CO Analytics (referred to in paragraph 1.9), for analytical and statistical purposes and/or to enable BIM&CO to improve its services.

1.5 Purpose of the collected data

Personal data is generally collected for BIM&CO’s activities, such as improved marketing and advertising campaigns, the ongoing development of the Platform’s functionalities and services to better serve the needs of Users, and compliance with reporting obligations pursuant to the act.
Depending on the case, it can be used for the following:

  • To allow the user to manage their newsletter subscription (subscribing and unsubscribing)
  • To allow the user to request information
  • To allow the user to open and manage an account
  • To allow the user to subscribe to a commercial or support service
  • To allow a manufacturer to find out who has seen or downloaded their objects and to get in touch with them

BIM&CO may also use the User’s email address for administrative purposes or other non-marketing objectives (for example, to inform them of important changes to the Platform, or for other reasons outlined in Article 1.9).

1.6 Retention period

The data provided by Users is retained by BIM&CO for the entire duration of the contractual relationship which begins when a User Account is created. The data is then retained for archival purposes.

1.7 User rights

Under the existing regulations, the user remains in control of their personal data, and as such is able to monitor its existence, destination, content and extent at any given time.
Under the Data Protection Act and the GDPR, Users can freely exercise the following rights via the service described below:

Access rights

The possibility of obtaining from the data controller confirmation that the personal data has been processed, and where applicable, the possibility to learn about the processing purposes, the type of data used, the recipients of the data, the length of the data’s retention or criteria used to determine this duration, the right to request the rectification and erasure of data, the blocking of its processing and the possibility to refuse it, the right to lodge a complaint with the CNIL, and even information relating to any transfer of personal data to a third country.

Right of rectification

The right to obtain from the data controller the updating or rectification of inaccurate personal data.

Right to erase

The right to obtain from the data controller the erasure of personal data where such data is no longer necessary for the purposes for which it was processed, where the data subject withdraws their consent, where they oppose its processing under their right of opposition and even where processing of the data is unlawful.

Right of limitation

The right to obtain from the data controller the blocking of the processing where the processing of the data is unlawful, where the data is no longer needed for processing purposes but is still useful for the establishment, exercise or defence of legal claims, or where the data subject opposes the processing under their right of opposition.

Right to data portability

The right to receive the data given to the data controller in a readable, structured and commonly-used format and the possibility to transfer it without hindrance to another data controller.

Right of opposition

The right to oppose at any given time, for reasons pertaining to their particular circumstances, the processing of their personal data, especially when this data is processed for marketing or profiling purposes, or for historical, scientific or statistical purposes. The data controller may continue this processing if they can prove that it is necessary due to a legitimate and compelling reason which prevails over the interests and the rights and freedoms of the data subject.

These rights cover all personal data of Users. Users can exercise these rights by sending their request:

  • By post to the following address:

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

BIM&CO has a period of one month from receipt of the request to provide a response. In some cases, the User can also exercise these rights directly:

  • When logged onto the Platform: they can access, edit or delete their data at any time by logging onto their Member’s Area on the site/ edit my profile /preferences
  • If they subscribe to one of BIM&CO’s newsletters: they can unsubscribe at any time by clicking on the unsubscribe link located at the bottom of every email they receive or by going to “edit my profile > preferences”
  • Regarding Cookies, they have direct grounds of opposition as specified above in paragraph 2.4.
  • If Users believe that the processing of their personal data does not comply with existing legislative and regulatory provisions, they can lodge a complaint with the CNIL, the French National Agency regulating Data Protection.

    1.8 Security of data and recipients

    BIM&CO is committed to ensuring the protection and security of the personal data that the user chooses to disclose, so as to guarantee its confidentiality and to prevent it from being falsified, damaged, destroyed or disclosed to unauthorised third parties.
    As a result, the Company uses physical, electronic and procedural safeguards which are, in principle, sufficient to protect this data against any misuse or loss, and against any unauthorised access, disclosure, alteration or destruction.

    However, while BIM&CO makes every effort to protect personal data, it cannot guarantee complete protection against errors occurring during the transmission of personal data given the unavoidable risks of transferring data over the Internet. This would be beyond BIM&CO’s reasonable control.

    Because personal data can be confidential, access to it is restricted to employees or service providers who need to have this information in order to carry out their duties.
    Anyone with access to Users’ personal data is bound by a duty of confidentiality and is subject to disciplinary action and/or other sanctions if they fail to meet these obligations.

    Please note that the User is responsible for the confidentiality of their password and the information that appears on their account. They therefore agree to keep this password and not share it with anyone else.

    1.9 Transfer of personal data

    BIM&CO may disclose personal information to third parties if it believes that such a disclosure is necessary for technical reasons (hosting services, for example) or for protecting the Company’s legal interests (in the event of an acquisition or merger with a third company or a total or partial liquidation, for example).
    By using the Platform therefore, the User agrees to BIM&CO sending their personal data to the aforementioned third parties and acknowledges that it will be processed in accordance with their own privacy policies.

    BIM&CO may also disclose such personal information if it constitutes a legal obligation or if it believes in good faith that such a disclosure is necessary in the context of legal proceedings (warrant, summons or other court order, for example) or to protect the rights, property or personal safety of the Company, its clients or the public.

    These transfers can be carried out using any method deemed appropriate by BIM&CO and in accordance with applicable law.

    Furthermore, via BIM&CO Analytics, the Company can share some of the User’s personal data with Manufacturers who own content that the User wishes to access. Indeed, any object activity carried out on the Platform is stored in a database and allows for usage analysis to be disseminated in the form of statistics. This allows Manufacturers to identify trends in real time from their Manufacturer pages or to view the complete reporting which provides various overviews and gives them access to users so that they can carry out their commercial follow-ups. By accessing such content therefore, the User agrees to BIM&CO sending their personal data to the Manufacturer and acknowledges that it will be processed by this Manufacturer in accordance with their own privacy policy.

    1.10 Links to other websites and social networks

    The Platform may occasionally contain links to third party websites. These websites have their own privacy policies. As a result, BIM&CO accepts no responsibility for these sites using information which is collected when the user clicks on these links.

    2. The specific case of cookies

    2.1 Overview of cookies

    Cookies are text files which are useful for browsing internet sites. They are placed on a dedicated space of the hard drive of a User’s terminal (computer, tablet, mobile phone or any other internet-optimised device) whenever the User views content or advertising online. They are used to customise pages by tailoring them to the User’s profile. They contain collected data which can include the name, email address, the date and time of login, the computer’s operating system, frequently visited website pages...
    Cookies can be permanent (and remain after you log out of a website to be used on future visits) or temporary (and disappear as soon as you log out of a website).

    2.2 Purpose of cookies

    BIM&CO uses 5 families of cookies on the Platform:

    • Sesson cookies which allow the User to log into the Platform without having to enter the same information again and again (e.g. email and password) in order to carry out the same task
    • Rights management cookies which, depending on the level of authorisation, allow the User to edit aspects of the platform (page content, objects)
    • Communication cookies which allow the Platform’s chat plug-in to be used properly
    • Advertising management cookies which primarily allow the User to ban advertising campaigns
    • Statistical cookies which allow BIM&CO to more closely measure and analyse visits to the Platform

    Regarding Statistical cookies, The Company may use third-party provider services (currently Google Analytics).

    2.3 Google Analytics

    Google Analytics is a web analysis service provided by Google Inc. (“Google”) which uses cookies to help BIM&CO analyse Platform use by its users.
    Data generated by the cookies (including IP addresses) is transmitted and stored by Google via servers in the United States.
    Google uses the information that it collects to analyse Platform use, compile reports on website activity for BIM&CO, and provide other services related to website activity and Internet usage.
    In the event that Google communicates this data to third parties as a result of legal obligations, or if third parties process this data on Google’s behalf, users’ IP addresses will not be associated with any of their other data.

    2.4 Options and terms of acceptance or refusal of cookies

    When a User browses the Platform, cookies are activated by default and the data may be read or retained locally on its equipment.
    The User will be notified the first time that they receive a cookie and they can then decide whether to accept or refuse it. By continuing to use the Site, the User expressly agrees to BIM&CO using such cookies.
    They can also configure their browser to systematically refuse cookies (including cookies used to measure audiences). In this case however, some of the Platform’s features and functionalities may not work properly and the User may not be able to access some of the Site’s parts or services.

    3. Contact

    For any questions concerning this privacy policy or for any inquiry relating to their personal data, the User can contact BIM&CO by email at: legal@bimandco.com